Virdi v The Law Society of England and Wales and Another: CA 16 Feb 2010

The claimant solicitor complained that in disciplinary proceedings brought against him by the respondent, the clerk to the tribunal had drafted the judgment, even though she had been an emloyee of the respondent.
Held: The description of the clerk’s functions at showed that he had an essentially administrative role which, as in the case of the Executive officers in the present case, included drafting formal documents for the tribunal to adopt as it saw fit and drawing the tribunal’s attention to similar past cases.
‘The ultimate question is whether the proceedings in question were and were seen to be fair. If on examination of all the relevant facts, there was no unfairness or any appearance of unfairness, there is no good reason for the imaginary observer to be used to reach a different conclusion.’
Jacob, Llyd, Stanley Burnton LJJ
[2010] EWCA Civ 100, [2010] 1 WLR 2840, [2010] ACD 38, [2010] 3 All ER 653
European Convention on Human Rights 6, Solicitors Act 1974 46
England and Wales
Appeal fromVirdi v The Law Society Admn 18-Feb-2009
The court dismissed the appeal of Mr Virdi from the findings and order of the Solicitors Disciplinary Tribunal finding him guilty of serious professional misconduct and suspending him from practice for a period of 3 years. The solicitor complained . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .

Cited by:
CitedMehey and Others, Regina (on The Application of) v Visitors To The Inns of Court and Others CA 16-Dec-2014
The court was asked whether disciplinary proceedings against a number of barristers were invalid on the ground that some of the individuals who heard those proceedings or appeals therefrom were disqualified from sitting.
Held: The appeals . .

These lists may be incomplete.
Updated: 22 February 2021; Ref: scu.400996