Legal Briefings

The recent landmark case of R (on the application of Kaur) v Institute of Legal Executives Appeal Tribunal, The Institute of Legal Executives has reiterated and to a certain extent redefined the doctrine of separation of powers which must be maintained between the day to day disciplinary functions of a body and the overall governance function of that regulatory body.

Following the judgement, all corporate organisations involved in making disciplinary decisions must ensure that those involved in the governance and strategy of that organisation should not also be the judges of individual disciplinary cases. This note will be of interest to all those bodies, sporting and otherwise, who are faced with such decisions.