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15 October 2010 / Nicholas Dobson
Issue: 7437 / Categories: Features
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Fair process?

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

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

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Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

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Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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