Critchley v Isabel

The appeal before the court involved the parties Critchley and Isabel, centering on an issue that arose during the course of a hearing where settlement negotiations were conducted. The dispute was heard in the relevant tribunal, which had made an order on 9 January 2020. The appellant, Critchley, sought leave to appeal this decision, arguing that the tribunal's process did not afford procedural fairness and resulted in a substantial injustice.

The court was required to determine whether the tribunal's handling of the settlement negotiations and its failure to provide procedural fairness constituted an error of law. Additionally, the court needed to assess whether this error warranted the granting of leave to appeal and, if so, whether the appeal should be allowed to correct the substantial injustice identified.

The court found that the tribunal's conduct during the settlement negotiations was indeed an error of law. This was because the tribunal did not provide the parties with procedural fairness, which is a fundamental requirement in legal proceedings. The court considered that this procedural error led to a substantial injustice, as it deprived the appellant of a fair opportunity to present their case. Consequently, the court granted leave to appeal and allowed the appeal, setting aside the tribunal's order. The court remitted the proceedings to a differently constituted tribunal for rehearing to ensure that procedural fairness is observed.

The final orders of the court included granting leave to appeal, allowing the appeal, setting aside the January 2020 order, and remitting the proceedings to a differently constituted tribunal for rehearing. This decision underscored the importance of procedural fairness in legal proceedings and the court's commitment to correcting substantial injustices that may arise from procedural errors.