Scrivens v Ethical Standards Officer

Scrivens v Ethical Standards Officer

Whether a member has a personal or prejudicial interest is to be determined objectively. A mistaken but reasonable belief by the member that he has no such interest is irrelevant. The test for failure to comply with the code is also objective. The tribunal and the court are not bound by the subjective test suggested in Richardson, as it was not argued or decided. The appeal is dismissed.

Parties
Appellant: Victor Scrivens; Respondent: Ethical Standards Officer
Jurisdiction
England and Wales
Judgment Date
11 April 2005
Procedural Posture
Statutory Appeal / High Court Judgment on Appeal From Adjudication Panel for England
Outcome
appeal dismissed
Legal Topics
Code of Conduct, Personal Interests, Prejudicial Interests, Standards of Public Office, Statutory Interpretation
Administrative Law Local Government Law Code of Conduct Personal Interests Prejudicial Interests Standards of Public Office Statutory Interpretation

Case Brief

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Parties

Victor Scrivens

Appellant

Ethical Standards Officer

Respondent

Procedural Posture

Statutory Appeal / High Court Judgment on Appeal From Adjudication Panel for England

Legal Issues

  1. 1 What is the correct test for determining whether a councillor has failed to comply with the code of conduct regarding personal and prejudicial interests?
  2. 2 Is the test for breach of the code subjective (based on the councillor's reasonable belief) or objective (based on the facts regardless of belief)?

Ratio Decidendi

Whether a member has a personal or prejudicial interest is to be determined objectively. A mistaken but reasonable belief by the member that he has no such interest is irrelevant. The test for failure to comply with the code is also objective. The tribunal and the court are not bound by the subjective test suggested in Richardson, as it was not argued or decided. The appeal is dismissed.

Court Disposition

appeal dismissed