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[7] On 22�September 2004, upon delivery of the decision of the Panel dismissing the application for a stay of the disciplinary proceedings, the Chairman of the Panel informed the parties at the hearing that the Panel had sought legal advice from the Head of Legal Services. As appears from the transcript of the proceedings of 22 September 2004 the Chairman of the Panel obtained oral advice from the Head of Legal Services prior to the date the decision was delivered and then the Chairman met the members of the Panel on 22 September 2004 and they drew up their decision in writing.
In quashing the conviction Lord Hewitt said of the clerk, "His two-fold position was a manifest contradiction."
It was stated, at paragraph 21, that the principle to be applied was whether a fair-minded and informed observer, having considered the given facts, would conclude that there was a real possibility that the tribunal was biased. At paragraph 22 Lord Steyn stated �
The Court concluded that the practice in issue tended to undermine public confidence in the system.
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