Coppard v The Commissioners of Customs and Excise, Lord Chancellor intervening: CA 9 Apr 2003

The judge, a circuit judge who had been appointed a judge of the TCC, had adjudicated on the claimant’s case in the High Court in the false belief that the appointment allowed him to do so.
Held: The judge had not wilfully closed his eyes to the law, and his mistake was understandable. On established principle, the judge was a judge de facto. The true logic of the doctrine was not only that the acts were validated but also the office. Accordingly, the judge was a properly constituted court for Article 6 purposes.


[2003] EWCA Civ 631, Times 11-Apr-2003, Gazette 19-Jun-2003, [2003] EWCA Civ 511, [2003] QB 1428, [2003] 3 All ER 351, [2003] 2 WLR 1618


Bailii, Bailii


Supreme Court Act 1981 68, European Court of Human Rights 6(1)


England and Wales


CitedFawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
Grant of leaveCoppard v Customs and Excise CA 5-Nov-2002
Application for leave to appeal out of time – granted. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Human Rights, Constitutional

Updated: 07 June 2022; Ref: scu.180988