Professional bodies such as the General Medical Council and the Nursing and Midwifery Council are required as a matter of public law to ensure a high level of procedural fairness when dealing with disciplinary matters given the consequences of their decisions for those acting in professional capacities. In recent years, there has also been a separation of the representative functions of the professional bodies and their regulatory functions. In a recent case concerning the Institute of Legal Executives, a student member of ILEX was accused of cheating in the exams which she was taking at a law college. She successfully challenged decisions of the ILEX disciplinary tribunal and its appeal tribunal: R (on the application of Kaur) v Institute of Legal Executives  EWCA 1168. The decisions of the disciplinary tribunal and the appeal tribunal were quashed as a member of the ILEX Council (who was also a director) was on the disciplinary tribunal and the ILEX vice chair was on the appeal tribunal. These individuals were regarded by the Court of Appeal as having an inevitable interest in ILEX's policy of disciplinary regulation, offending the principle against apparent bias and the principle that someone should not be a judge in his own cause.
- Checklist Checklist: Considerations prior to issuing court proceedings (UK) Recently updated
- How-to guide How-to guide: The legal framework for resolving disputes in England and Wales (UK) Recently updated
- How-to guide How-to guide: How to assess competition law risks in an agency agreement (UK)