header-logo header-logo

In the hot seat

07 April 2011 / Robert Rhodes KC
Issue: 7460 / Categories: Features , Judicial review , Procedure & practice
printer mail-detail

Robert Rhodes QC on avoiding the risk of judicial review when chairing a disciplinary tribunal

The growing risk of judicial review can be a constant worry to chairmen of disciplinary tribunals. There are, however, certain straightforward and simple matters which, if properly borne in mind, should minimise this risk.

Fairness

This is the key concept. If this underlines the conduct of the proceedings, the other points set out below will flow from this. Thus no member of the tribunal should be, or appear to be, biased. A financial or proprietary interest in the proceedings will automatically disqualify the member. If a member has a close connection to a party to the proceedings, he will be disqualified from sitting. Thus in R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No 2) [1999] 1 All ER 577, [1999] 2 WLR 272, an extradition decision of the House of Lords was set aside because one of the judges was a director (albeit unpaid) of a company controlled by a party

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll