ISSUE:
Whether Dame Shirley Porter and Mr. David Weeks acted with wilful misconduct by using council housing policy to gain political advantage?
If their actions constituted political corruption by designating housing sales in marginal wards to favor Conservative voters?
Allegations of unreasonable delay and apparent bias during the auditor’s investigation under Article 6 of the European Convention on Human Rights, which guarantees a fair trial?
RULE:
Article 6 of the European Convention on Human Rights is applied to assess claims of apparent bias and unreasonable delay to safeguard the right to a fair trial
The fair-minded and informed observer test is applied to determine whether there is a real possibility of bias in decision-making.
Wilful misconduct under the Local Government Finance Act 1982 is defined as knowingly acting improperly or with reckless indifference to the law.