Andreou v Institute of Chartered Accountants in England and Wales [1998] 1 All ER Available to Purchase

In 1972, Mr Andreou became a member of the Institute of Chartered Accountants for England and Wales (The Institute). On 14th December 1993, the disciplinary committee of the Institute found him guilty of serious disciplinary charges and as a result he was excluded from membership. Mr Andreou wished to overturn this decision but failed to bring an internal appeal within 28 days, the time prescribed by the Institute's by‐law 85(c). Mr Andreou was refused an extension of time in which to appeal, being informed in a letter from the Institute that stated ‘The Institute had no discretion to extend the time limit’. Being unable to appeal, Mr Andreou then made an application for leave to apply for judicial review in order to challenge the vires of by‐law 85(c) and the decision of the Institute that it had no power to extend time. On 26th April 1995, Mr Andreou was granted leave by the Court of Appeal. He was also allowed to amend his application to include a claim for damages. However, he failed to enter a notice of motion within 14 days required by RSC Ord 53 r5(5). He then applied for an extension of time in which to enter his notice of motion. This was refused on the grounds of unjustified delay. The Court of Appeal dismissed his appeal against that decision but ordered that the claim continue as if it begun by writ pursuant to RSC Ord 53 r9(5). By amended notice the plaintiff applied for an order of certiori quashing the Institute's decision of 22nd February. A declaration that the by‐laws insofar as they imposed the 28‐day period for appeal without exception, were unlawful and damaging. The application was dismissed on the ground that the complaint was of a private character, notwithstanding it involved an examination of the Institute's by‐laws. The Institute appealed.