header-logo header-logo

Fair process?

15 October 2010 / Nicholas Dobson
Issue: 7437 / Categories: Features
printer mail-detail

Nicholas Dobson reports on the world of clerks & tribunals

An in-house lawyer may often be asked to “clerk” a quasi-judicial body such as a local authority licensing committee. As part of this the lawyer may well help in drafting the findings and decision once these have been made. Not those of the lawyer of course, but of the determining body. But could the public body nevertheless be acting unfairly and unlawfully under these circumstances?

Some light may have been cast into this “encircling gloom” by the decision of the Court of Appeal in Virdi v Law Society of England and Wales and the Solicitors Disciplinary Tribunal [2010] EWCA Civ 100, judgment in which was given 16 February 2010. For on the facts and circumstances before it the court found a lawful decision with no bias in a fair process. The court was also able to offer some further useful insights into that mysterious but ubiquitous figure: the “fair-minded and informed observer” (FIO).

In the case the appellant, Mr Virdi, was challenging the decision of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll