The applicants were partners and staff in Ernst and Young. They sought a stay of disciplinary proceedings brought against them by the accountancy regulators pending resolution of the civil claim against them in respect of closely related issues involving the Equitable Life insurance company.
Held: There was at this stage no sufficient burden imposed on the defendants to amount to an unfairness. It was not to be presumed that documents produced for the disciplinary proceedings would prejudice the litigation.
Judges:
Mr Justice Stanley Burton
Citations:
[2002] EWHC 2086 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others CA 12-Jan-1994
The Bank’s liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly. . .
Cited – Regina v Chance, ex parte Smith QBD 1995
The applicant sought to delay disciplinary proceedings by the accountancy body pending the outcome of civil litigation over a related matter.
Held: ‘ . . as Parliament has entrusted the initial valuation of the case against the applicants to . .
Adopted – Regina v Executive Counsel of the JDS, ex parte Hipps ChD 1996
The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings.
Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original . .
Cited – Huddersfield Police Authority v Watson 1947
A judge of the High Court should respect (but is not bound to follow) a decision of another judge of the High Court, but must follow decisions of the Court of Appeal and the House of Lords. . .
Cited – Thames Launches v Trinity House 1961
. .
Cited – Conteh v Onslow Fane and another CA 26-Jun-1975
Mr Conteh, a boxer, was accused of misconduct in breaking his contracts with his former manager and former promoter, and the High Court proceedings had been brought by him for declarations that these contracts were not binding on him. It was . .
Cited – Regina v Manchester Coroner, ex parte Tal 1985
The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a . .
Cited – Regina v Panel on Take-overs and Mergers, ex parte Fayed CA 1992
This was a renewed application for leave to apply for judicial review of decisions of the Panel not to adjourn its disciplinary proceedings against Mr Fayed. . .
Cited – Regina v Panel on Takeovers and Mergers ex parte Guinness Plc CA 1989
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the . .
Lists of cited by and citing cases may be incomplete.
Administrative, Professional Negligence
Updated: 25 July 2022; Ref: scu.178413
