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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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