Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor

Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor

The presence of the vice-president (and by extension, council members/directors) of ILEX on disciplinary and appeal tribunals created a real possibility of bias, or at least the appearance thereof, due to their governance role and interest in regulatory policy. This breached the requirement for impartiality under both the doctrine of automatic disqualification and the test for apparent bias. The decisions of the tribunals must be quashed.

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) / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed; decisions of the Disciplinary Tribunal and Appeal Tribunal quashed.
Legal Topics
Apparent Bias, Self Regulation of Professions, Natural Justice, Disciplinary Proceedings, Automatic Disqualification
Administrative Law Professional Discipline Judicial Review Apparent Bias Self Regulation of Professions Natural Justice Disciplinary Proceedings Automatic Disqualification

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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) / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the presence of ILEX council members/directors (including the vice-president) on disciplinary and appeal tribunals breached the doctrines of apparent bias or 'no one may be a judge in his own cause', requiring the decisions to be quashed.

Ratio Decidendi

The presence of the vice-president (and by extension, council members/directors) of ILEX on disciplinary and appeal tribunals created a real possibility of bias, or at least the appearance thereof, due to their governance role and interest in regulatory policy. This breached the requirement for impartiality under both the doctrine of automatic disqualification and the test for apparent bias. The decisions of the tribunals must be quashed.

Court Disposition

Appeal allowed; decisions of the Disciplinary Tribunal and Appeal Tribunal quashed.

Orders

  • Orders of both the Disciplinary Tribunal and the Appeal Tribunal are quashed.