DPP Law Ltd v Greenberg

Facts

Mr Greenberg, a criminal defence solicitor of around 20 years' post-qualification experience, joined David Phillips and Partners in September 2004 and became an employee director and shareholder when DPP Law Ltd was incorporated in 2014. In late 2016 he was instructed to represent Jake Walsh, an 18-year-old on legal aid charged with grievous bodily harm with intent. On 18 January 2017 the client's father, John Walsh, handed envelopes of cash to Mr Greenberg and to the instructed advocate, Ms Surley; Mr Greenberg reported his £300 to the firm's Managing Director and COLP, Mr Nolan, who replied "I'll leave it to your conscience!". On 1 September 2017 John Walsh gave him a further £150 in cash. In October 2017 the Legal Aid Agency sent DPP Law a statement from Ms Surley raising concern that Mr Greenberg was "topping up" his fees, contrary to the firm's legal aid contract. Following an investigation and a disciplinary hearing conducted in his absence on health grounds, Mr Kilty summarily dismissed him for gross misconduct on 30 October 2017; Mr Lewis dismissed his appeal on 23 November 2017. The Employment Tribunal rejected his unfair dismissal claim; the Employment Appeal Tribunal allowed his appeal and remitted the claim for rehearing before a fresh tribunal. DPP Law appealed to the Court of Appeal.