Audi Alteram Partem in UK Law

Leading Cases
  • R v Diggines, ex parte Rahmani
    • Court of Appeal (Civil Division)
    • 20 Mar 1986

    With respect to the able argument of Mr. Collins, I cannot agree that in the presence of an established breach on the part of an inferior tribunal of the rules of natural justice, e.g. a failure to obey the principle "audi alteram partem", the court has no jurisdiction to grant an order of certiorari, notwithstanding that the failure has arisen through no fault of the tribunal itself.

  • Co-Operative Group Ltd v International Computers Ltd
    • Court of Appeal (Civil Division)
    • 19 Dec 2003

    Without that safeguard, the judge is likely to fall into error not only on the matter which is causing him particular concern, but also on other ramifications of the case. He simply has not heard what the party most affected has to say about what concerns him.

  • R v Secretary of State for the Home Department, ex parte Al-Mehdawi
    • House of Lords
    • 23 Nov 1989

    It has traditionally been thought that a tribunal which denies natural justice to one of the parties before it deprives itself of jurisdiction. Whether this view is correct or not, a breach of the rules of natural justice is certainly a sufficiently grave matter to entitle the party who complains of it to a remedy ex debito justitiae.

    These considerations lead me to the conclusion that a party to a dispute who has lost the opportunity to have his case heard through the default of his own advisers to whom he has entrusted the conduct of the dispute on his behalf cannot complain that he has been the victim of a procedural impropriety or that natural justice has been denied to him, at all events when the subject matter of the dispute raises issues of private law between citizens.

  • Lewis v Heffer
    • Court of Appeal (Civil Division)
    • 25 Jan 1978

    No one's livelihood or reputation at that stage is in danger. But the further the proceedings go and the nearer they get to the imposition of a penal sanction or to damaging someone's reputation or to inflicting financial loss on someone the more necessary it becomes to act judicially, and the greater the importance of observing the maxim audi alteram partem.

  • Alubankudi (Appearance of bias)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 16 Sep 2015

    Every litigant enjoys a common law right to a fair hearing. This entails fairness of the procedural, rather than substantive, variety. Where a breach of this right is demonstrated, this will normally be considered a material error of law warranting the setting aside of the decision of the FtT: see AAN (Veil) Afghanistan [2014] UKUT 102 (IAC) and MM (Unfairness; E&R) Sudan [2014] UKUT 105 (IAC).

  • Wiseman v Borneman
    • House of Lords
    • 29 Jul 1969

    For a long time the Courts have, without objection from Parliament, supplemented procedure laid down in legislation where they have found that to be necessary for this purpose. But before this unusual kind of power is exercised it must be clear that the statutory procedure is insufficient to achieve justice and that to require additional steps would not frustrate the apparent purpose of the legislation.

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