Fairness Principle in UK Law

  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 June 2013
    ......But the principle is not fundamentally different. . . 27 I would not go so ...(2) The standards of fairness are not immutable. They may change with the passage of time, both in the ......
  • Polkey v A. E. Dayton Services Ltd
    • House of Lords
    • 19 November 1987
    ...... but" - this is the matter that gives rise to the point of principle in the present appeal - "at the end of the day we have no ...The employers had not yet done that which in all fairness and reason they should do, namely, to make the obvious attempt to see if ......
  • R v Sang (on Appeal from HM Court of Appeal (Criminal Division))
    • House of Lords
    • 25 July 1979
    ...... a fair trial according to law is, in my view, satisfied; for the fairness of a trial according to law is not all one-sided; it requires that those ...That is the general principle". . . 47 and that the overriding discretion ......
  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • House of Lords
    • 09 April 1981
    ...... administrative body with statutory duties, which the courts, in principle, can supervise. They have indeed done so — see The Queen v. Special ... 21 On the other hand, as I suggested in Ende's case, a sense of fairness as between one taxpayer or group of taxpayers and another is an important ......
  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
    • House of Lords
    • 24 June 1993
    ...... theory goes a long way towards determining the requirements of fairness with which the practice should conform. The judgment of Shaw L.J. in ... section 34 does not exhaust the rights stemming from the general principle of fairness: as witness Reg. v. Parole Board , Ex parte Wilson , ......
  • Stack v Dowden
    • House of Lords
    • 25 April 2007
    ......The law of Scotland has developed the principle of unjust enrichment in this area, as my noble and learned friend Lord ... by Baroness Hale at paragraph 61, that the court's view of fairness is not the correct yardstick for determining the parties' shares (and see ......
  • EK (Ivory Coast) v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 November 2014
    ...... appeal concerns the application of the general public law duty of fairness in the context of the points based system for applying for leave to enter ...However, the circumstances do not engage the common law principle of fairness …"; and that the Appellant had no good claim under Article ......
  • Ex parte Preston (pet. all.)
    • House of Lords
    • 25 April 1985
    ......632, that from the authorities and from principle: "a taxpayer would not be excluded from seeking judicial ... the same effect and he made observations as to the principle of fairness. At p. 650, Lord Scarman referred to the remedy of mandamus as one which ......
  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 December 2000
    ......There is no difference in principle between a requirement to admit the driving of a car made out of court ...But there is nothing to suggest that the fairness of the trial itself may be qualified, compromised or restricted in any ......
  • Miller v Miller (Short Marriage: Clean break)
    • House of Lords
    • 24 May 2006
    ...... appeals concern that most intractable of problems: how to achieve fairness in the division of property following a divorce. In White v White ...This is a principle of universal application. It is applicable to all marriages. . . 2 ......
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