Updates for Chapter 2: Challenging governing bodies in English law

These updates were last reviewed in July 2013

Updates and Amplifications

2.4.4 The NGB must act in accordance with the rules of natural justice

The latest in the long line of cases involving individuals associated with greyhound racing held that the primary requirement imposed on a regulatory body’s disciplinary committee is to ensure that, overall, there is compliance with procedural fairness; the provision of reasons for reaching a decision is merely one component of the applicable rules of natural justice, Cronin v Greyhound Board of Great Britain Ltd [2013] EWCA Civ 668. Although there is no duty to provide reasons at the initial hearing under either the Board’s rules or the law, the procedure achieved overall fairness through the history of the proceedings and the provision of a DVD of the hearing itself. Further, if an appeal had been made by the appellant, the initial panel could have been directed to provide reasons for their decision or, in the alternative, the appellate panel could have provided reasons for the ultimate decision made. Thus, the Board’s procedures were, when taken as a whole, procedurally fair and Cronin should have exhausted his internal right of appeal before challenging them at law.