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.
Citations:
[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
Links:
Statutes:
Supreme Court Act 1981 68, European Court of Human Rights 6(1)
Jurisdiction:
England and Wales
Citing:
Cited – Fawdry 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 leave – Coppard 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