Collateral attacks on disciplinary findings
It is an abuse of process to initiate court proceedings for the purpose of mounting a collateral attack upon a final decision which had been made in disciplinary proceedings in which the intending claimant had a full opportunity of contesting the decision in the tribunal in which it was made: Baxendale- Walker v Middleton & Ors [2011] EWHC 998 (QB). It should be noted that this case concerned the Solicitors Disciplinary Tribunal, which enjoys the status of a court of law for these purposes.
Categories: 6th edition, Chapter 10, updates