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Estoppel

In Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 it was held that the rule in Henderson v Henderson did not prevent a disciplinary tribunal from bringing disciplinary proceedings against an accountant for misconduct where proceedings against him based upon his conviction abroad for an offence were dismissed on the ground that the facts of the offence did not disclose a comparable offence in English law. And see the case of Law Society v Gilbert (2001) The Times, 12 January (held not to be an abuse of process for the Law Society to bring further disciplinary proceedings against a solicitor convicted of dishonesty offences who had already been disciplined in respect of the same conduct. The court considered it significant that he had not yet been convicted at the time of the first proceedings.)

 

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