Application for Judicial Review - PL vs the Institute and Faculty of Actuaries
This case pertains to freedom of speech of professionals who are subject to regulation and discipline by professional bodies. Patrick Lee (PL), an actuary, is undergoing a disciplinary process by his (former) professional body the Institute and Faculty of Actuaries (IFOA) following tweets/retweets he made criticising the Islamic religion.
Following complaints, IFOA allege these tweets/retweets used inflammatory language or language designed to offend Muslims. PL has since resigned from the IFOA but the disciplinary process is ongoing.
This hearing relates to his 2nd application for a judicial review (JR) of the IFOA disciplinary process which he alleges does not guarantee his right to a fair hearing (Article 6 of the European Convention of Human Rights) and also that his freedom of expression (Article 10 of the same) should not be interfered with in this manner. PL’s arguments to support his claims include an alleged lack of independence of the IFOA disciplinary process from the IFOA itself.
He was not granted a JR at an earlier hearing on 27th May so this hearing was a second attempt to secure permission. Judge Choudhury granted the JR. There is the potential for IFOA to appeal this decision on the basis that PL was ‘out of time’ (delayed in making the application.)
The case is ‘stayed’ until 16 September 2022 in order to allow PL to consider approach to funding the JR. At some point following stay, a one day hearing will be scheduled for the JR pending no successful appeal by IFOA.
Live tweet thread of hearing
PL is represented by Jon Holbrook @JonHolb (JH)
IFOA are represented by Joanne Clement QC (JC)
The Judge hearing the application is Mr Justice Choudhury (Judge or J)