Due Process in UK Law

Leading Cases
  • Thomas and Another v Baptiste and Others
    • Privy Council
    • 17 Mar 1999

    Rather it invokes the concept of the rule of law itself and the universally accepted standards of justice observed by civilised nations which observe the rule of law: see the illuminating judgment of Phillips J.A. in Lassalle v. Attorney-General (1971), 18 W.I.R. 379 from which their Lordships have derived much assistance.

    It is the general right accorded to all litigants not to have the outcome of any pending appellate or other legal process pre-empted by executive action. By ratifying a treaty which provides for individual access to an international body, the Government made that process for the time being part of the domestic criminal justice system and thereby temporarily at least extended the scope of the due process clause in the Constitution.

    The due process clause must therefore be broadly interpreted. It does not guarantee the particular forms of legal procedure existing when the Constitution came into force; the content of the clause is not immutably fixed at that date. But the right to be allowed to complete a current appellate or other legal process without having it rendered nugatory by executive action before it is completed is part of the fundamental concept of due process.

  • Forbes v Attorney General of Trinidad and Tobago
    • Privy Council
    • 15 May 2002

    They establish that it is only in rare cases where there has been a fundamental subversion of the rule of law that resort to constitutional redress is likely to be appropriate. However the exceptional case is formulated it is clear that the constitutional rights to due process and the protection of the law do not guarantee that the judicial process will be free from error.

  • State of Trinidad and Tobago v Boyce
    • Privy Council
    • 11 Jan 2006

    In one sense, to say that an accused person is entitled to due process of law means that he is entitled to be tried according to law. In this sense, the concept of due process incorporates observance of all the mandatory requirements of criminal procedure, whatever they may be. If unanimity is required for a verdict of a jury, a conviction by a majority would not be in accordance with due process of law.

  • English v Emery Reimbold & Strick Ltd
    • Court of Appeal (Civil Division)
    • 30 Apr 2002

    It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the Judge reached his decision. This does not mean that every factor which weighed with the Judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the Judge's conclusion should be identified and the manner in which he resolved them explained.

  • Attorney General v Leveller Magazine Ltd
    • House of Lords
    • 01 Feb 1979

    My Lords, although criminal contempts of court may take a variety of forms they all share a common characteristic: they involve an interference with the due administration of justice either in a particular case or more generally as a continuing process. It is justice itself that is flouted by contempt of court not the individual court or judge who is attempting to administer it.

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Legislation
  • Observance of Due Process of Law Act 1368
    • UK Non-devolved
    • January 01, 1368
  • Rent Act 1965
    • UK Non-devolved
    • January 01, 1965
    ...... of certain dwellings; to make further provision with respect to security of tenure, rents and premiums; to restrict evictions without due process of law; and for purposes connected with those matters. . [8th November 1965] . . Be it enacted by the Queen's most Excellent Majesty, by and with ......
  • Protection from Eviction Act 1977
    • UK Non-devolved
    • January 01, 1977
    ......guilty of that offence and shall be liable to be proceeded against. and punished accordingly. S-2 . Restriction on re-entry without due process of law. 2 Restriction on re-entry without due process of law. . . Where any premises are let as a dwelling on a lease which. is subject to a right ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... which enable a contracting authority to acquire, mainly in the fields of town and country planning, architecture and engineering or data processing, a plan or design selected by a jury after being put out to competition with or without the award of prizes; . "disabled", in relation to a person, ......
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Books & Journal Articles
Law Firm Commentaries
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