Partners in a solicitors practice fell out after one was struck off by the Law Society. The remaining partners claimed damages alleging that they had been drawn into the partnership after misrepresentations by the defendant about it, and sought to plead the findings by the Solicitors Disciplinary Tribunal of dishonesty in the defendant. The SDT had found proven allegations relating to potential dishonesty and breaches of anti-fraud guidance. Investment schemes had promised rewards which were never going to be attainable.
Held: The partners should have specifically pleaded any particular allegations supported by the SDT findings, but could not import them as a whole.
Judges:
Collins J
Citations:
[2006] EWHC 401 (Ch), [2006] 2 All ER 1024
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Simms and others v The Law Society CA 12-Jul-2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor . .
Cited – Simms v Law Society Admn 17-Mar-2005
The appellant challenged being struck of the solicitors roll.
Held: ‘The most serious finding of the Tribunal was, of course, that [Mr Simms] was dishonest. We agree with the Tribunal that the pattern of behaviour by [Mr Simms] establishes . .
Cited by:
Cited – St Paul Travelers Insurance Co Ltd v Okporuah and others ChD 10-Aug-2006
The first defendant had acquired several properties, and was due to make repayments greatly in excess of his income. A further defendant, his brother, was a solicitor who was known to have been involved in mortgage fraud and was suspected of having . .
Appeal from – Simms v Conlon and Another CA 20-Dec-2006
Solicitors within a practice sued each other, and one wished to plead the fact of a finding of professional misconduct.
Held: The defendant’s appeal succeeded. It was not an abuse for the appellant to continue to assert his innocence, and the . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
Lists of cited by and citing cases may be incomplete.
Company, Legal Professions
Updated: 05 July 2022; Ref: scu.238948
