Robert Rhodes QC on avoiding the risk of judicial review when chairing a disciplinary tribunal
The growing risk of judicial review can be a constant worry to chairmen of disciplinary tribunals. There are, however, certain straightforward and simple matters which, if properly borne in mind, should minimise this risk.
Fairness
This is the key concept. If this underlines the conduct of the proceedings, the other points set out below will flow from this. Thus no member of the tribunal should be, or appear to be, biased. A financial or proprietary interest in the proceedings will automatically disqualify the member. If a member has a close connection to a party to the proceedings, he will be disqualified from sitting. Thus in R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No 2) [1999] 1 All ER 577, [1999] 2 WLR 272, an extradition decision of the House of Lords was set aside because one of the judges was a director (albeit unpaid) of a company controlled by a party
