Former ILEX student successfully quashes cheating claims

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  • This is an important decision for all regulators amd how they man disciplinary panels. Far too many of these decisions are taken in secret or without publication.
    That Ilex is "pleased" with such a disappointing result speaks volumes.

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  • Whilst this is an important decision for regulators, it is absolutely correct to say that it is largely of historical significance for ILEX/IPS. it should be borne in mind that new rules were adopted by IPS in 2010 in order to comply with the requirements of the Legal Services Act 2007. ILEX/IPS decisions are reported. The old rules, under which this case was heard, had been approved by the then Master of the Rolls. The decision rested on the issue of APPARENT bias. There was no claim , let alone finding, that the IPS tribunal decisions were actually biased nor that the disciplinary rules were applied unfairly.

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  • I agree this is an important decision for all regulators, however, if you consider the time at which this occured, many professional bodies, not just in the law, probably operated in a similar way. The fact that ILEX now has stringent procedures in place to comply with the LSA, and has had such procedures approved by the Legal Services Board, speaks volumes.

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  • This is a vital, landmark decision. It extends the law of apparent bias and the rule that no man may be a judge in his own cause, into any territory in which there is an unhealthy closeness between the prosecuting regulator and members of the decision-making tribunal. There are other (often clandestine) ways in which undue influence is exercised by regulators. This must now cease. The Legal Services Board concerns itself with ensuring that the prosecutor is independent of the representative arm of the regulator. But it ought also to ensure that the disciplinary panels are independent of the prosecutor. Otherwise more legal challenges will follow - a process facilitated by this Court of Appeal decision.

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