Practice and Procedure

P (A BARRISTER) v GENERAL COUNCIL OF THE BAR (2005)

PUBLISHED February 21, 2005
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When a lay representative who was a member of the Professional Conduct and Complaints Committee of the Bar Council sat as a panel member at a Visitors Tribunal hearing, that person was acting as a judge in his/her own cause at Common Law and was therefore automatically disqualified from sitting on the panel. Furthermore the presence of such a person on the panel meant that the panel lacked the independence required by the European Convention on Human Rights 1950 Art.6 and meant that a fair minded and informed observer would have concluded that there was a real possibility of bias.

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