Dowland v The Architects Registration Board

Dowland v The Architects Registration Board

The Board's refusal to re-enter the appellant's name on the Register was within its statutory discretion under s.18(1) of the Architects Act 1997, not confined to competence, and was based on continuing concerns about unacceptable professional conduct; the appellant had no statutory right of appeal except as to competence, and the Board's decision was proportionate and lawful.

Parties
Appellant: John Dowland; Respondent: The Architects Registration Board
Jurisdiction
England and Wales
Judgment Date
19 April 2013
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Professional Misconduct, Registration of Architects, Judicial Review, Human Rights
Administrative Law Professional Regulation Professional Misconduct Registration of Architects Judicial Review Human Rights

Case Brief

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Parties

John Dowland

Appellant

The Architects Registration Board

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Board's refusal to re-enter the appellant's name on the Register was ultra vires
  2. 2 Whether the Board applied the correct test for re-entry
  3. 3 Whether the refusal was manifestly unfair or unlawful

Ratio Decidendi

The Board's refusal to re-enter the appellant's name on the Register was within its statutory discretion under s.18(1) of the Architects Act 1997, not confined to competence, and was based on continuing concerns about unacceptable professional conduct; the appellant had no statutory right of appeal except as to competence, and the Board's decision was proportionate and lawful.

Court Disposition

appeal dismissed