Diamond v Mansfield & Ors [2006] EWHC 3290 (QB) (20 December 2006)

Diamond v Mansfield & Ors [2006] EWHC 3290 (QB) (20 December 2006)

There is no cause of action in contract, tort, or under the Employment Equality (Religion and Belief) Regulations 2003 for the conduct of Bar Council disciplinary proceedings. No implied contractual duty to act fairly exists in this context. The claim discloses no reasonable grounds and is struck out.

Citation
[2006] EWHC 3290 (QB)
Parties
Claimant: Paul Diamond; First Defendant: Guy Mansfield QC; Second Defendant: David Etherington QC; Third Defendant: Richard Price QC; Fourth Defendant: Neil Mallon
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
High Court Civil Claim / Application to Strike Out and for Summary Judgment
Outcome
Claim struck out; summary judgment granted for Defendants
Legal Topics
Bar Council Disciplinary Proceedings, Implied Contractual Terms, Harassment, Negligence, Freedom of Expression, Religious Discrimination, Procedural Fairness
Professional Discipline Employment Law Contract Law Human Rights Bar Council Disciplinary Proceedings Implied Contractual Terms Harassment Negligence +3 more

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Parties

Paul Diamond

Claimant

Guy Mansfield QC

First Defendant

David Etherington QC

Second Defendant

Richard Price QC

Third Defendant

Neil Mallon

Fourth Defendant

Procedural Posture

High Court Civil Claim / Application to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Whether disciplinary proceedings by the Bar Council give rise to private law claims in contract, tort, or under discrimination regulations
  2. 2 Whether there is an implied contractual duty to act fairly
  3. 3 Whether the Employment Equality (Religion and Belief) Regulations 2003 apply

Ratio Decidendi

There is no cause of action in contract, tort, or under the Employment Equality (Religion and Belief) Regulations 2003 for the conduct of Bar Council disciplinary proceedings. No implied contractual duty to act fairly exists in this context. The claim discloses no reasonable grounds and is struck out.

Court Disposition

Claim struck out; summary judgment granted for Defendants

Orders

  • Claim dismissed
  • Costs awarded to Defendants