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.’
Judges:
Jacob, Llyd, Stanley Burnton LJJ
Citations:
[2010] EWCA Civ 100, [2010] 1 WLR 2840, [2010] ACD 38, [2010] 3 All ER 653
Links:
Statutes:
European Convention on Human Rights 6, Solicitors Act 1974 46
Jurisdiction:
England and Wales
Citing:
Appeal from – Virdi 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 . .
Cited – Porter 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:
Cited – Mehey 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 . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Natural Justice, Human Rights
Updated: 14 August 2022; Ref: scu.400996