Source: All England Reporter
Publisher Citation: [2004] All ER (D) 293 (Jul)
Neutral Citation: [2004] EWHC 1705 (Admin)
Court: Administrative Court
Judge:

Collins J
Representation Gregory Jones (instructed by Ashok Patel & Co) for the claimant.
  Robert Jay QC (instructed by Mills & Reeve) for Cranfield University, the interested party.
Judgment Dates: 16 July 2004

Catchwords

Education - University - Visitor - Delegation - Availability of judicial review - Fairness of procedure.

The Case

A visitor of a university had to make the final decision on any appeal, but he had a very wide discretion to decide the appropriate procedure in dealing with appeals and there was nothing to prevent him from appointing a competent person to advise him. That person might then conduct any hearing and obtain all necessary information and provided he acted fairly, there was no delegation which could be regarded as unlawful. Such a person would normally be a lawyer of standing such as a judge or Queen's Counsel. Furthermore, an application for judicial review could be brought when delegation meant that the appellant had not had a decision from the visitor to which he was entitled.

Practice Areas

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