Chegwyn, R (on the application of) v Standards Board for England
The Tribunal erred by failing to justify rejection of the appellant's explanation and by imposing disqualification without evidence of deliberate misuse for personal gain; suspension, not disqualification, was the appropriate sanction for a gross error of judgment.
- Parties
- Claimant: The Queen on the Application of Chegwyn; Defendant: Standards Board for England
- Jurisdiction
- England and Wales
- Judgment Date
- 15 February 2010
- Procedural Posture
- Judicial Review / Appeal From Case Tribunal Decision
- Outcome
- appeal allowed
- Legal Topics
- Code of Conduct, Councillor Sanctions, Disqualification, Suspension, Personal and Prejudicial Interest
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen on the Application of Chegwyn
Claimant
Standards Board for England
Defendant
Procedural Posture
Judicial Review / Appeal From Case Tribunal Decision
Legal Issues
- 1 Whether the Tribunal erred in imposing disqualification for breach of code of conduct
- 2 Whether the appellant's actions constituted deliberate misuse of position for personal gain
- 3 Appropriate sanction for admitted breach of code of conduct
Ratio Decidendi
The Tribunal erred by failing to justify rejection of the appellant's explanation and by imposing disqualification without evidence of deliberate misuse for personal gain; suspension, not disqualification, was the appropriate sanction for a gross error of judgment.
Court Disposition
appeal allowed
Orders
- Disqualification set aside and replaced with suspension for two months from Gosport Borough Council.
- Costs awarded to appellant in the sum of £4697.85.
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