Fairness Principle in UK Law

Leading Cases
  • The Lord Chancellor v Detention Action Secretary of State for the Home Department (Interested Party)
    • Court of Appeal (Civil Division)
    • 29 July 2015

    I would accept Mr Eadie's summary of the general principles that can be derived from these authorities: (i) in considering whether a system is fair, one must look at the full run of cases that go through the system; (ii) a successful challenge to a system on grounds of unfairness must show more than the possibility of aberrant decisions and unfairness in individual cases; (iii) a system will only be unlawful on grounds of unfairness if the unfairness is inherent in the system itself; (iv) the threshold of showing unfairness is a high one; (v) the core question is whether the system has the capacity to react appropriately to ensure fairness (in particular where the challenge is directed to the tightness of time limits, whether there is sufficient flexibility in the system to avoid unfairness); and (vi) whether the irreducible minimum of fairness is respected by the system and therefore lawful is ultimately a matter for the courts.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 December 2000

  • E v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 02 February 2004

    First, there must have been a mistake as to an existing fact, including a mistake as to the availability of evidence on a particular matter. Secondly, the fact or evidence must have been "established", in the sense that it was uncontentious and objectively verifiable. Fourthly, the mistake must have played a material (not necessarily decisive) part in the Tribunal's reasoning.

  • Banca Turco Româna S.A. ((in Liquidation)) (acting through its liquidator Fondul De Garantare a Depozitelor Bancare) v Kamuran Çörtük
    • Queen's Bench Division (Commercial Court)
    • 28 March 2018

    If the court is to adopt that procedure where justice so requires, it must be able to rely on the party who appears alone to present the evidence and argument in a way which is not merely designed to promote its own interests, but in a fair and even-handed manner, drawing attention to evidence and arguments which it can reasonably anticipate the absent party would wish to make.

  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 June 2013

    While the courts will not usually require decision-makers to consult substantial categories of people liable to be affected by a proposed measure, the number of people to be consulted in this case was just one, Bank Mellat, and possibly also IRISL depending on the circumstances of their case. But the principle which required it is more than a principle of fairness.

  • R (BAPIO Action Ltd) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 09 November 2007

    The real obstacle which I think stands in the appellants' way is the difficulty of propounding a principle which reconciles fairness to an adversely affected class with the principles of public administration that are also part of the common law. These are not based on administrative convenience or potential embarrassment.

  • R v Brown (Winston)
    • House of Lords
    • 24 July 1997

    The rules of disclosure which have been developed by the common law owe their origin to the elementary right of every defendant to a fair trial. If a defendant is to have a fair trial he must have adequate notice of the case which is to be made against him. Fairness also requires that the rules of natural justice must be observed.

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Legislation
  • Family Law Act 1996
    • UK Non-devolved
    • Monday January 01, 1996
  • Police (Northern Ireland) Act 2000
    • UK Non-devolved
    • Saturday January 01, 2000
    ... ... the principle that the policing of Northern Ireland is to be conducted in an impartial ... faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights ... ...
  • Finance Act 2003
    • UK Non-devolved
    • Wednesday January 01, 2003
    ... ... obvious errors or omissions in the return (whether errors of principle, arithmetical mistakes or otherwise) ... ...
  • The Norfolk Boreas Offshore Wind Farm Order 2021
    • UK Non-devolved
    • Friday January 01, 2021
    ... ... “ in principle Norfolk Boreas Southern North Sea Special Area of Conservation site ... only for such a period that is necessary to achieve fairness between the parties ... ...
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Books & Journal Articles
  • Negligently Caused Psychiatric Harm: Recovering Principle and Fairness after the Alcock-Up at Hillsborough
    • No. 6-1, January 2016
    • Southampton Student Law Review
    • Jonathan Patterson
    • University of Southampton
    • 23-35
    This article argues that the law concerning pure psychiatric harm caused by negligence has been in a state of disrepair since the decision in Alcock. It is contended that the present unsatisfactory...
  • Fixed Content of Political Obligations
    • No. 46-1, March 1998
    • Political Studies
    • 0000
    An aspect of political obligations that has received little attention is the means through which their content, i.e., exactly what is required of their bearers, is determined. An adequate moral bas...
    ... ...  are examined, while I show how a theory based on the principle of ... fairness ... ...
  • The Obligation to Contribute to Discretionary Public Goods
    • No. 38-2, June 1990
    • Political Studies
    • 0000
    The principle of fairness, first introduced by H. L. A. Hart in 1955, is able to support a workable theory of political obligation upon liberal premises. In a previous paper, ‘Presumptive benefit, ...
  • Fairness Obligations and Non-Acceptance of Benefits
    • No. 62-1, March 2014
    • Political Studies
    • 0000
    It is widely held that an adequate theory of political obligation must be general; that is, it must establish requirements to obey the law for all or virtually all members of a given population. In...
    ... ... be general; that is,it must establish requirementsto obey the law for all or virtually all members of a given population.In regard to the principle of fair ness (or fair play),generality poses a challenge,because many people claim not to want or to accept major benets provided by the ... ...
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Law Firm Commentaries
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