LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
D, an architect, failed to pay judgment debtors and a bankruptcy order was made against him in September 2007. A disciplinary hearing concluded he was guilty of unprofessional conduct and in July 2008 his name was erased from the register of architects. In March 2009 a 7 year bankruptcy restrictions order was made against him. After 2 years from erasure had elapsed, D applied to the Architects Registration Board for readmission. It was refused, having regard to the BRO and the need to protect the public. Simon J dismissed D's appeal. The Board enjoyed discretion whether to readmit and was not restricted to issues of competence. But that discretion had to be exercised judicially. On the facts, the Board had not acted ultra vires or unfairly in refusing to readmit, as it was entitled to conclude that there were still concerns about the attitude of D towards his professional responsibilities.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...