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ELLIS & ANOR v MERCHANT TAYLORS SCHOOL

A review panel's decision to uphold a headmaster's expulsion of a pupil from a school had been independently reached by the panel and the fact that a member of the panel knew the school's headmaster was insufficient to amount to any apparent bias by the panel in reaching its decision.

15 September 2009

The appellant parents (E) appealed against a decision of a judge dismissing their claims for injunctive relief, breach of contract and damages against the respondent independent school. E's son had been expelled by the school as result of his conduct. The decision to expel was initially reached by the school's headmaster. His decision was confirmed by a review panel that was comprised of members of the school's board of governors and an independent member who was the headmaster of another independent school. E commenced proceedings challenging their son's expulsion on the grounds that expulsion was an unreasonable and unjustified reaction to their son's conduct. At trial E also complained that the hearing before the review panel was tainted by apparent bias because the independent member of the panel knew, and was friendly with, the school's headmaster. The judge rejected all of E's claims. E contended that judge erred in failing to find that that (1) the hearing before the review p...

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