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Judicial Review Volume 4, 1999 - Issue 1
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Original Articles

Staying Disciplinary Proceedings: Whatever Happened to ex p. Brindle?

Stephen Houseman Essex Court Chambers
Pages 60-65 | Published online: 01 May 2015

  • The landmark case in this area being, of course, R v Panel on Take-overs and Mergers ex p. Datafin pic [1987] QB 815.
  • [1994] BCC 297.
  • Amounting to a “virtual total eclipse” (per Hirst LJ at pp. 310H-311A).
  • [1992] BCC 524 at 531D.
  • Neill LJ referred to previous cases as founding the court's jurisdiction: for example, Jefferson Ltd v Bhetcha [1979] 1 WLR 898; R v BBC ex p. Lavelle [1983] ICR 99.
  • At p. 308E.
  • At p. 309F-G.
  • Citing Conteh v Onslow-Fane (1975) The Times, 26 June, CA for this important proposition.
  • Nolan LJ did not consider this relevant (p. 308E).
  • At pp. 310E and 313B.
  • At p. 317H; an approach accepted by Hirst LJ at p. 312F (cf. Nolan LJ at p.308D).
  • Hence the rejection of the Wednesbury standard: e.g. Nolan LJ at p. 306A.
  • At p. 308F-G.
  • [1993] 3 WLR 90.
  • Explicitly acknowledged by the Court of Appeal in ex p. Smith (below) at p. 1100G. The same approach is found with judicial review of ‘precedent fact’ (e.g. ex p. Khawaja [1984] AC 74).
  • See especially Dyson J in R v Executive Council of the joint Disciplinary Committee ex p. Hipps (unreported) 12 June 1996.
  • [1993] 1 WLR 909, CA.
  • Summarised in Supreme Court Practice 1999 at pp. 501–502.
  • (1994) The Times, 14 December.
  • [1995] BCC 1095.
  • At p. 1102G-H.
  • At p. 1103D.
  • At pp. 1102C and 1106B-C.
  • Parallels exist to the courts' deference to decision-makers' views on questions of national security. Compare also the situation with public interest immunity, in which the court retains the balancing function itself, weighing the public interest against the needs of justice.
  • [1990] 1 QB 146 at 184D-E; cited in ex p. Smith (above) at pp. 1101F and 1102G.
  • See also R v Monopolies and Mergers Commission ex p. Stagecoach Holdings (1996) The Times, 23 July.
  • At p. 184B.
  • At p. 1104C.
  • At p. 1107A (in contrast to Nolan LJ in Brindle).
  • (Unreported) 12 June 1996.
  • See n. 29 above.
  • For example, Hill v Chief Constable of West Yorkshire [1989] AC 53, as applied in subsequent cases.
  • Conway v Rimmer [1968] AC 910.

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