Thanks for that.
I note the following at para 17 and 18:
'But it is equally well established that the High Court retains a supervisory jurisdiction over such decisions, and the approach to be adopted is essentially that which the Administrative Court would adopt in public law cases'.
"The most important point, as it seems to me, is that it (that is to say the court's supervisory jurisdiction) is supervisory. The function of the court is not to take the primary decisions but to ensure that the primary decision maker has operated within lawful limits. It is a review function very similar to that of the court on judicial review … In each case the essential concern should be with the lawfulness of the decision taken, whether the procedure was fair, whether there was any error of law, whether any exercise of judgment or discretion fell within the limits open to the decision maker, and so forth."
I am in the legal field and have studied administrative law. The principles to be applied in our matter (should we get an adverse finding) are very similar to public law cases. That is, we would be arguing that the panel made a number of errors of law, and that the exercise of judgement based on the evidence was manifestly unreasonable and therefore unlawful.
This means we have a long way to go in this matter. For a start, there must be procedural fairness. This of itself means there will be debates about evidence etc. before we even get to the point of a hearing.
Overall, I still have the feeling the PL have bitten off more than they can chew. The decision to attack City, while they consider may burden us for years, may very well come back to bite them, and given the looming White Paper could well see independent regulation of the PL, which to my mind can't come soon enough.