Disciplinary Record - Martin Adam Smith

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 8 February 2024

Published date: 11 June 2024

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Simons Muirhead Burton LLP

Address(es): 87-91 Newman Street, London NW1T 3EY

Firm ID: 629007

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal.  This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor.  The Tribunal has certified that there is a case to answer in respect of allegations which are or include that Mr Smith :- 

1. Failed to serve a counter notice by the statutory deadline for service on 4 January 2023, thus impacting Clients A and B's negotiating position. 

2. On 6 January 2023 created a letter, and statutory counter notice, falsely dated 3 January 2023. 

3. On 6 January 2023 you sent or caused to be sent to DKLM (a firm) the letter and counter notice dated 3 January 2023. 

4. On 11 January 2023, sent an email to DKLM intending to mislead as to the date the letter and counter notice, falsely dated 3 January 2023, were posted. 

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.