Coppard v Customs and Excise [2003] EWCA Civ 511 (09 April 2003)

Coppard v Customs and Excise [2003] EWCA Civ 511 (09 April 2003)

Judge Seymour, though not formally authorised, was a judge-in-fact as he neither knew nor ought to have known of his lack of authority; the de facto doctrine validates his authority and judgment, and such a tribunal is established by law for Article 6 ECHR purposes.

Citation
[2003] EWCA Civ 511
Parties
Appellant: Edgar John Coppard; Respondent: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
09 April 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
De Facto Judges, Tribunal Established by Law, Article 6 ECHR, Judicial Authority, Human Rights Act 1998
Constitutional Law Civil Procedure Human Rights De Facto Judges Tribunal Established by Law Article 6 ECHR Judicial Authority Human Rights Act 1998

Case Brief

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Parties

Edgar John Coppard

Appellant

HM Customs and Excise

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a judge lacking formal authority is a judge-in-fact whose acts are valid at common law
  2. 2 Whether such a judge constitutes a 'tribunal established by law' under Article 6 ECHR

Ratio Decidendi

Judge Seymour, though not formally authorised, was a judge-in-fact as he neither knew nor ought to have known of his lack of authority; the de facto doctrine validates his authority and judgment, and such a tribunal is established by law for Article 6 ECHR purposes.

Court Disposition

appeal dismissed

Orders

  • Time for appealing enlarged to date of appellant's notice
  • Judgment of Judge Seymour stands as valid