This site is based on Disciplinary and Regulatory
Proceedings, 4th and 5th Editions.
Index for "5th Edition, Chapter 9"BiasIn Porter v Magill the House of Lords laid down a test for bias which makes reference to the reasonable man. As to what constitutes the reasonable man for the purpose of this test see the judgment of ...ImpartialityArticle 6 requires a tribunal falling within its scope to be impartial. Impartiality normally denotes absence of prejudice or bias and its existence or otherwise can be tested in various ways. The Cou...Interruptions from the tribunalAs the case of Michel v. The Queen (The Court of Appeal of Jersey) [2009] UKPC 41 demonstrates, even a legally qualified judge can sometimes be tempted to misuse his position by appearing to act as a ...The powers of a disciplinary tribunal‘A statutory body, such as the Tribunal, has only such powers as Parliament has conferred on it. However, it may not be confined to the powers expressly conferred. It is lawful for it to do what the...The role of the legal assessor‘In my judgment, the procedure of the Tribunal included their withdrawing to consider their decision in private with their clerk and her role in this case. Mr Beaumont submitted that the procedure o... |
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