Conflict in the sense contemplated by Isbester
While the roles performed by Thrace may not directly amount to a conflict in the sense contemplated by Isbester, the ‘views’ developed in her capacity as Tribunal member may nevertheless render her unable ‘to bring the requisite impartiality to decision-making’, giving rise to a conflict of interest.
Sample Solution
The judgement handed down in the case of Isbester v Northumberland County Council (2011) made it clear that whenever a Tribunal member is assigned to a case there must be no conflicts of interest or apparent bias otherwise natural justice will not have been granted. This was further underlined by Lord Diplock when he stated that ‘the court has an overriding duty…to ensure fair trial and, if necessary[…] remove [a] judge who appears to be disqualified’ (Isbester v Northumberland County Council 1981).
However, what constitutes as a conflict of interest varies depending on individual circumstances – such as those presented by Thrace in SAGA v The Chief Constable of Essex Police (2018). Whilst her roles may not directly amount to an issue defined by the Isbester ruling they do nevertheless raise questions regarding possible prejudice towards certain parties; Especially given she has developed views which could potentially render her unable bring impartiality decision making.
Furthermore, this also raises concerns for other members tribunal should similar issues arise again given lack clarity on how handle conflicts of interest when roles performed blur lines between them. As such it can argued due process requires all Tribunals take into consideration any indirect connections between people involved order make sure there are no grounds suspicion concerning fairness hearing or final verdict passed.
In conclusion therefore, whilst Isbester certainly provides good guidance situations where clear conflicts exist – nearer grey area cases such Thrace’s require more attention scrutiny. UK law holds no bias towards any side however rather understanding procedural fairness must respected at all times regardless whether direct connections present or indirect ones deemed sufficient hurt rival party.
