||All England Reporter
|| All ER (D) 154 (Apr)
|| EWCA Civ 511
||Court of Appeal, Civil Division
Thorpe, Sedley and Mance LJJ
||Duncan Macpherson (instructed by Johnson Sillett Bloom) for the taxpayer.
||Michael Patchett-Joyce (instructed by the Solicitor for Customs and Excise) for the commissioners.
||Philip Sales (instructed by the Treasury Solicitor) for the Lord Chancellor's Department.
||9 April 2003
Practice and procedure - High Court - Judge - Jurisdiction - Circuit judge authorised to hear certain cases in High Court - Due to oversight judge not authorised to hear High Court cases generally - Judge unaware of position - Judge hearing damages claim in High Court - Judge de facto judge of High Court - Judge constituting tribunal established by law for purposes of human rights - ss 9, 68 - European Convention on Human Rights, art 6.
A circuit judge authorised under s68 of the to deal with the business of the Technology and Construction Court, and who had not, by an oversight, been authorised by the Lord Chancellor under s9(1) of the Act to sit as a judge of the High Court, was nevertheless a de facto judge of the High Court when he sat in a case in ignorance of the fact that he was not actually authorised to do so.
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