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Fair process?

15 October 2010 / Nicholas Dobson
Issue: 7437 / Categories: Features
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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