Bates v. Lord Hailsham [1972]

s56 of Solicitors Act 1957
gives power to committee consisting of various high-ranking lawyers to make
orders prescribing solicitors’ remuneration.
Draft order must be sent to Law
Society.
Committee must consider any
observations submitted within one month.
Draft order sent to Law
Society.
Plaintiff was member of
British Legal Association, which objected to order, and argued it should have
reasonable opportunity to make representations.
Counsel relied on R v Liverpool Corp, which stated that
duty of a body to act fairly when exercising administrative functions under a
statutory power meant that in deciding licensing policy there was duty to hear
those likely to be affected.
But Megarry J held that
committee in question has legislative and not administrative or executive
function.
No implied right to be
consulted or make objections regarding legislative process at suit of those who
contend insufficient time for consultation and consideration.