Baxendale-Walker v Law Society: CA 15 Mar 2007

The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue.
Held: There were no grounds for disturbing the finding: ‘The reference was sought by a bank, in the context of money laundering regulations directed at the discouragement of profitable criminal conduct. The appellant knew that the reference was critical to the proper discharge of the bank’s duties, and fully appreciated that the bank would naturally rely on the accuracy of any reference he provided, just because he was a solicitor. Moreover his reprehensible behaviour occurred in the context of the lamentable absence of candour and unsatisfactory evidence when he endeavoured to explain himself before Etherton J. The Tribunal was fully entitled to conclude that his conduct in relation to the reference represented ‘extraordinary’ recklessness, and that the consequent sanction should fully vindicate the profession.’


Laws LJ PQBD, Scott Barber LJ


[2007] EWCA Civ 233, [2007] 3 Costs LR 475, [2008] 1 WLR 426, [2007] 3 All ER 330




England and Wales


Appeal fromBaxendale-Walker v The Law Society Admn 30-Mar-2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
CitedBolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .

Cited by:

CitedPerinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 10 July 2022; Ref: scu.250037