Breach of the Rules of Natural Justice



In KA v Human Givens Institute [2020] EWHC (QB), KA was registered as a therapist./counsellor.  A complaint had been received alleging sexual misconduct.  KA denied the serious allegation.  KA asserted that the Professional Disciplinary Committee (Committee) had to be independent and impartial.  The Committee appointed to hear the allegations had been involved in the matter at an earlier stage of the process and had made comments and views on the allegations.  The Human Givens Institute (HGI) refused to appoint a different Committee and confirmed that they would press ahead with the hearing.

KA issued a claim in the High Court and an application for a mandatory injunction arguing that the court would imply a term that the HGI had been subject to the rules of natural justice.  This required HGI to uphold procedural fairness.  HGI had failed to appoint an impartial and neutral Committee and therefore the court should order an injunction requiring HGI to do so.

Andrews J held that the court would imply a term that HGI had to comply with the rules of natural justice.  The Judge declared that it would be a breach of the rules of natural justice in the circumstances of this case for HGI to proceed with a hearing before the same Committee.

Andrews J made an order that the hearing must be rescheduled before a differently constituted Committee on a date at which KA is able to attend.

Simon Butler was instructed by BSG Solicitors LLP to represent KA.

Featured Counsel

Simon Butler

Call 1996

Latest News & Events

Consultation Paper Seeks Reform of Limitation Law in Child Sexual Abuse Cases

The Ministry of Justice has released a consultation paper seeking views on potential reforms to the law of limitation in child sexual abuse cases in England and Wales. Under the current law, child sexual abuse cases in civil courts are subject to the same three-year…

The Dekagram: 20th May 2024

We trust that our readers have been enjoying the Spring sunshine; the team have spent their time in the sun wisely, reading cases so you don’t have to. First we noted a decision which considers the interplay between English and Scottish guardianship; secondly we read…

The Dekagram: 13th May 2024

Last week brought the news that the Australian airline Qantas and the Australian Competition and Consumer Commission have agreed to resolve their dispute over cancelled flights by asking the court to impose a $100 million fine, together with an undertaking by the airline to pay…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024


Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)