UTIAC (i) Legitimate advocacy does not extend to aggressive questioning of, or confrontation with, a party or witness. The Tribunal should intervene where this occurs.
(ii) Similarly, mere comments by an advocate under the guise of questioning are improper and may also require judicial intervention.
(iii) Improper conduct on the part of an advocate, unchecked and unrestrained by judicial authority and hearing management, can potentially render a hearing unfair.
[2015] UKUT 655 (IAC)
Bailii
England and Wales
Citing:
Cited – London Borough of Southwark v Jiminez CA 8-Apr-2003
The appellant authority complained that the tribunal had expressed its view strongly before hearing the evidence and had so demonstrated that its mind was closed.
Held: There was no inevitability that a strongly expressed conditional view . .
Lists of cited by and citing cases may be incomplete.
Immigration, Natural Justice
Leading Case
Updated: 01 November 2021; Ref: scu.565382