The Court of Appeal has upheld the decision of the Upper Tribunal (Lands Chamber) that in deciding whether a person is “fit and proper” for the purpose of being a property licence-holder the First-tier Tribunal (Property Chamber) is entitled to take into account conduct underlying spent convictions.

The applicants argued that s.4(1)(a) Rehabilitation of Offenders Act 1974 made inadmissible both evidence that a person had been convicted of an offence and conduct underlying that conviction: [29]. In so doing they relied on the judgment of the Deputy Judge in R (YA) v Hammersmith and Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 36: [34]. By their second ground of appeal, the applicants argued that the Upper Tribunal had been wrong to decide that the authority acted in the course of “judicial proceedings” within the meaning of s.4(6) ROA 1974 when determining licence applications, because it was not adjudicating on rights between third parties: [51].

The Court of Appeal agreed with the authority that the statutory wording was clear: [37]. One could not equate “circumstances ancillary to a conviction” with “conduct underlying the conviction”: [40]. While its judgment on the second issue was obiter, the Court of Appeal held that there was no requirement that a body was adjudicating on rights between third parties, and that the authority was acting in the course of judicial proceedings: [49], [53].

By its judgment, the Court of Appeal has made it clear that the Deputy Judge in YA had erred both in treating underlying conduct as identical to ancillary circumstances and in seeking to limit the scope of judicial proceedings as advocated for by the applicants: [48], [53].

Ashley was instructed by Simon Kiely of Sharpe Pritchard LLP, and Kim Travis and David Beach of Waltham Forest LBC


For help or advice please call +44 (0)20 7242 3555 or complete 
the form below

A member of the Clerking team will help you resolve your request.

  • This field is for validation purposes and should be left unchanged.

Frequently asked questions

Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.

As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.

Choosing the right barrister for your case can be difficult, with so many to choose from. Our clerks will be happy to guide you with your choice. Their wealth of knowledge and experience will help you decide the right barrister not just for the case but someone who will work with you.

Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.

Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.


Shortlist Builder


Select the legal expertise that you would like to download or add to the shortlist

Download Add to shortlist
Shortlist close
Title CV Email

Remove All


Legal Expertise

7BR is a leading set with barristers providing expertise and assistance to clients across a broad spectrum of practice areas.