Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168 (19 October 2011)

Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168 (19 October 2011)

The presence of the vice-president and council members of ILEX on disciplinary and appeal tribunals created a real possibility of bias, breaching the requirement for impartiality and independence. This was contrary to both the doctrine of apparent bias and the rule against being a judge in one's own cause. The appeal was allowed and the disciplinary decisions quashed.

Citation
[2011] EWCA Civ 1168
Parties
Claimant / Appellant: Darsho Kaur; Defendant / Respondent: Institute of Legal Executives Appeal Tribunal; Defendant / Respondent: The Institute of Legal Executives
Jurisdiction
England and Wales
Judgment Date
19 October 2011
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Apparent Bias, Self Regulation, Disciplinary Proceedings, Natural Justice
Administrative Law Professional Regulation Judicial Review Apparent Bias Self Regulation Disciplinary Proceedings Natural Justice

Case Brief

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Parties

Darsho Kaur

Claimant / Appellant

Institute of Legal Executives Appeal Tribunal

Defendant / Respondent

The Institute of Legal Executives

Defendant / Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the presence of ILEX council members and vice-president on disciplinary and appeal tribunals breached the doctrines of apparent bias and 'no one may be a judge in his own cause'
  2. 2 Whether such participation required the decisions to be quashed

Ratio Decidendi

The presence of the vice-president and council members of ILEX on disciplinary and appeal tribunals created a real possibility of bias, breaching the requirement for impartiality and independence. This was contrary to both the doctrine of apparent bias and the rule against being a judge in one's own cause. The appeal was allowed and the disciplinary decisions quashed.

Court Disposition

Appeal allowed

Orders

  • Orders of the Disciplinary Tribunal and Appeal Tribunal quashed