Cases - R v Commission for Racial Equality, ex parte Cottrell and Rothon (a firm)
Record details
- Name
- R v Commission for Racial Equality, ex parte Cottrell and Rothon (a firm)
- Date
- [1980]
- Citation
- 3 AII ER 265
- Legislation
- Keywords
- Estate agency - Race Relations Act 1976
- Summary
-
In this case it had been alleged that a firm of estate agents carried out a system of discrimination. One of the allegations was that non-white vendors of property had their names entered on cards which were pink, whereas white vendors had their particulars entered on white cards. Another allegation was that a non-white purchaser would not receive the same number or the same quality of properties for his consideration as a white purchaser. After a preliminary investigation, the Commission for Racial Equality (CRE) held a formal investigation and determined that the firm had contravened the Act. The firm was notified of that decision, informed that the CRE was considering issuing a non-discrimination notice, and was offered the opportunity of making oral and written representations. At the hearing of the oral representations, the witnesses on whose evidence the CRE relied upon were not present and there was no opportunity to cross-examine them. The firm sought judicial review of the conduct of the hearing.
In the Divisional Court, Lord Chief Justice Lane held that the hearing was an administrative function that did not require the formalities of cross-examination of witnesses. All that was required was that the proceedings were fair in all the circumstances. One of those circumstances was that there are no penalties in the form of fines or imprisonment - a non-discrimination notice may be served. The fact that discrimination may result in the Director General of Fair Trading taking action under the Estate Agents Act was also a circumstance, but many procedures have to be gone through before the Director General can take action. So the investigation proceedings of the CRE had been fairly conducted.