Kaur, R (on the application of) v Ilex Tribunal

Kaur, R (on the application of) v Ilex Tribunal

The involvement of serving ILEX Council members on the Disciplinary Tribunal and Appeal Tribunal did not give rise to a real possibility of bias or conflict of interest requiring disqualification. There was no evidence of actual or apparent bias, and the constitutional duties of Council members did not create an...

Source-derived case information.

Parties
Claimant: THE QUEEN ON THE APPLICATION OF KAUR; Defendant: ILEX TRIBUNAL
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review, Bias and Conflict of Interest, Natural Justice, Professional Regulation
Administrative Law Professional Discipline Judicial Review Bias and Conflict of Interest Natural Justice Professional Regulation

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Parties

THE QUEEN ON THE APPLICATION OF KAUR

Claimant

ILEX TRIBUNAL

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the involvement of serving ILEX Council members on disciplinary and appeal tribunals gave rise to apparent bias or conflict of interest requiring disqualification under common law or Article 6 ECHR
  2. 2 Whether ILEX is amenable to judicial review

Ratio Decidendi

The involvement of serving ILEX Council members on the Disciplinary Tribunal and Appeal Tribunal did not give rise to a real possibility of bias or conflict of interest requiring disqualification. There was no evidence of actual or apparent bias, and the constitutional duties of Council members did not create an interest in the outcome. The process was not flawed, and ILEX is amenable to judicial review in respect of its disciplinary functions.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Claimant to pay £3,000 in costs to the defendant