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This site is based on Disciplinary and Regulatory Proceedings, 4th Edition.

Index for "Chapter 9"

Chapter 9: Immunity from suit: Lake v British Transport Police [2007] EWCA Civ 424

For the extent of the immunity enjoyed by certain judicial and semi-judicial tribunals see Lake v British Transport Police [2007] EWCA Civ 424

Chapter 9: The recording of disciplinary proceedings

All but the most informal tribunals have some arrangement for recording their proceedings. This may take the form of written minutes or a mechanical recording. Both must be subject to challenge and co...

Chapter 9: The role of the legal assessor

It has been said that ‘it is well-established that the role of a legal assessor assisting a disciplinary panel is not analogous to that of a judge summing up in a criminal trial. In R (Campbell) v. ...

Impartiality and the European Convention

The existence of impartiality for the purposes of Article 6§1 of the European Convention of Human Rights must be determined according to a subjective test, that is on the basis of the personal convic...

Legal assessors

In R (Campbell) v GMC [2005] EWCA Civ. 250 the Court of Appeal affirmed Lord Hailsham's propositions in Libman v GMC [1972] AC 217 as governing the approach that any court should adopt to the role of ...

The impartiality of a judge

The existence of impartiality (of a judge) for the purposes of Article 6 § 1 must be determined according to a subjective test, that is on the basis of the personal conviction of a particular judge i...