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Appointment of tribunal members

The Visitors to the Inns of Court exercise powers derived initially from the Crown and exercisable by judges to regulate lawyers: see R v General Council of the Bar, ex p. Percival [1991] QB 212, at 227.
in the case of Russell v Bar Standards Board [2012] Lexis Citation 49 Ms Russell appealed against a decision of the Bar Disciplinary Tribunal on the ground that the members of the tribunal had not been properly appointed.
Rejecting her appeal, the Visitors under the chairmanship of Singh J held that, first, the member was properly appointed under the regulations and that any breach of the terms of the Tribunals Appointments Body (TAB) were immaterial. Secondly, they held that, even if that were not the case, the appointment was valid under the doctrine of de facto authority. (See the judgment of Hale LJ in Fawdry v Murfitt [2003] QB 104.)
R (Fleurose) v Securities & Futures Authority Ltd [2001] 2 All ER (Comm) 481 distinguished.

 

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