Due Process in UK Law
-
Thomas and Another v Baptiste and Others
“
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
“
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.
-
R v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
“
If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.
-
Neville Lewis and Others v Attorney General of Jamaica and Another
“
In their Lordships' view when Jamaica acceded to the American Convention and to the International Covenant and allowed individual petitions the petitioner became entitled under the protection of the law provision in section 13 to complete the human rights petition procedure and to obtain the reports of the human rights bodies for the Jamaican Privy Council to consider before it dealt with the application for mercy and to the staying of the execution until those reports had been received and considered.
-
Connelly v DPP
“
There can be no doubt that a court which is endowed with a particular jurisdiction has powers which are necessary to enable it to act effectively within such jurisdiction. I would regard them as powers which are inherent in its jurisdiction. A court must enjoy such powers in order to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process.
- Observance of Due Process of Law Act 1368
-
The Public Contracts Regulations 2015
... ... Schedule 1A; or(b) a member State of the EU;“innovation” means the implementation of a new or significantly improved product, service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational method in business ... ...
-
Rent Act 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 ... ...
-
Common Law Procedure Act 1854
... Anno Regni VICTORI, Britanniarum Regin,Decimo Septimo & Decimo Octavo. An Act for the further Amendment of the Process, Practice, and Mode of Pleading in and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster ... , and of the Superior ... ...
-
Populist leniency, crime control and due process
This article identifies and discusses examples of populist calls against punishment and for leniency—a phenomenon here termed ‘populist leniency’. A penal moderate might find such populist opposit...
-
Due process in police-led prosecutions: Views of Ghanaian police prosecutors
Criminal prosecutions led by police officers are integral to justice delivery in some common-law countries. The cooperation and participation of interested parties, particularly victims and witness...
-
Due process in police-led prosecutions: Views of Ghanaian police prosecutors
Criminal prosecutions led by police officers are integral to justice delivery in some common-law countries. The cooperation and participation of interested parties, particularly victims and witness...
-
Due Process and the Admission of Expert Evidence on Recovered Memory in Historic Child Sexual Abuse Cases: Lessons from America
This article reviews the decisions of the US state courts on the admissibility of expert testimony on recovered memory in historic child sexual abuse prosecutions. Unlike their English and Irish co...
- K v S [2019] EWHC 2386 (Comm) Section 68, Due Process And The Exclusion Of Expert Evidence
- How Would You Like Your Justice Served?... ...Well Done (Outcome Following Full Due Process), Medium, Or Rare (Trial By Media)
-
Bankr.M.D.Fla.: UK insurance giant Lloyd’s of London stymied by strategic use of Florida’s 2-year non-claim statute; PR has no fiduciary duties prior to getting appointed
In re Estate of Harrison, Slip Copy, 2010 WL 503077 (Bankr.M.D.Fla. Jan 29, 2010) An overarching theme of Florida’s probate code is the tension between basic due-process rights on the one hand and ...... ... Jan 29, 2010) An overarching theme of Floridas probate code is the tension between basic due-process rights on the one hand and Floridas strong public policy favoring the speedy administration of estates on the other. Floridas 2-year non-claim ... ...
-
Financial Conduct Authority Publishes Review Report on Assessing Suitability
The Financial Conduct Authority published the findings of its review into the research and due diligence processes that firms undertake on the products and services they recommend to retail clients...... ... The FCA has taken steps to address the issues found, instructing three firms to improve their research and due diligence process. The FCA has also asked one firm to complete a past business review. The FCA intends to provide firms with further communications that set out its ... ...
-
Claim notification - Low value personal injury claims in public liability accidents (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... The above are admitted ... The defendant makes the above admission but the claim will exit the process due to ... contributory negligence ... If the defendant does not admit liability please provide reasons below ... Section B — Services provided by ... ...
-
Claim notification - Low value personal injury claims in employers' liability - accident only (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... The above are admitted ... The defendant makes the above admission but the claim will ... exit the process due to contributory negligence ... If the defendant does not admit liability please provide reasons below ... Section B — Services provided by the ... ...
-
Claim notification form: Low value personal injury claims in employers' liability - disease (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... The above are admitted ... The defendant makes the above admission but the claim will ... exit the process due to contributory negligence ... If the defendant does not admit liability please provide reasons below ... Section B — Services provided by the ... ...
-
Request for re-issue of enforcement or an order to obtain information from judgment debtor
County Court forms including the N1 money claim form.... ... from judgment debtor (not warrant) ... Tick appropriate ... box and enter ... claim number ... and number ... of process ... Claimant’s ... address for ... service and ... County Court ... Attachment of earnings ... Order to obtain information ... Judgment summons ... ...