Mitchell v Georges

Mitchell v Georges

The Interim Report contained strong, decisive language amounting to firm findings of misbehaviour and impropriety against the appellant, issued before he had opportunity to respond, such that the fair-minded and informed observer would conclude there was a real possibility of bias by the respondent, disqualifying him from further participation in the Inquiry.

Parties
Appellant: Mitchell; Respondent: Georges
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Judicial Review / Final Appeal Before Privy Council
Outcome
appeal allowed
Legal Topics
Apparent Bias, Procedural Fairness, Natural Justice, Commission of Inquiry, Judicial Review
Administrative Law Constitutional Law Apparent Bias Procedural Fairness Natural Justice Commission of Inquiry Judicial Review

Case Brief

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Parties

Mitchell

Appellant

Georges

Respondent

Procedural Posture

Judicial Review / Final Appeal Before Privy Council

Legal Issues

  1. 1 Whether the respondent displayed apparent bias in conducting the Commission of Inquiry
  2. 2 Whether procedural fairness and natural justice were breached by the respondent's conduct and interim report

Ratio Decidendi

The Interim Report contained strong, decisive language amounting to firm findings of misbehaviour and impropriety against the appellant, issued before he had opportunity to respond, such that the fair-minded and informed observer would conclude there was a real possibility of bias by the respondent, disqualifying him from further participation in the Inquiry.

Court Disposition

appeal allowed

Orders

  • Respondent to take no further part in the Commission of Inquiry
  • Respondent to pay appellant’s costs before the Board and in the courts below