The claimant had been banned from competing as an athlete after failing a drugs test which she said was faulty. Her appeal was upheld, but she claimed damages for breach of contract in failing to provide an unbiased hearing. She appealed dismissal of her action.
Held: Though there was no written contract between her and the defendant, they had accepted an obligation to appoint a panel in accordance with their rules. They were not however liable for any breach of the rules of natural justice by individual panel members because they had provided the appeal.
Judges:
Lord Justice Mance Lord Justice Latham And Lord Justice Jonathan Parker
Citations:
Gazette 08-Nov-2001, [2001] EWCA Civ 1447, [2002] 1 WLR 1192
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Cited – Watson v University of Strathclyde EAT 1-Feb-2011
EAT UNFAIR DISMISSAL – Constructive dismissal
Apparent bias. Whether Employment Tribunal had erred in failing to find that there was apparent bias where a member of the panel (the University Secretary) . .
Lists of cited by and citing cases may be incomplete.
Natural Justice, Contract
Updated: 04 June 2022; Ref: scu.166646