Martina Murphy and David Green have been successful in an important Court of Appeal professional discipline case.

The Court of Appeal has handed down judgment in Greene v Davies [2022] EWCA Civ 414, where Martina Murphy and David Green represented the successful Respondent.

The decision is of importance not only to abuse of process, and in particular, the court’s inherent power to strike out proceedings as an abusive collateral attack on earlier proceedings but also more generally on the function of disciplinary or regulatory proceedings.

A copy of the Court of Appeal Judgment can be found here.

A copy of the Divisional Court Judgment can be found here.

As a result of this appeal (see link above), Mr Davies’s complaint returns to the Solicitors Disciplinary Tribunal (SDT).

Martina Murphy and David Green were instructed at appellate level before the Court of Appeal, initially by Mr Davies on a public access basis, and subsequently by Dan Hall, partner, Gunnercooke LLP and assisted by Jessica Franklin, (pupil), of 12KBW.  The Appellant was represented by Ben Hubble QC, instructed by Kingsley Napley LLP.

Law Society Gazette 23 March 2022

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