Fairness Principle in UK Law
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Bank Mellat v HM Treasury (No 2)
... ... But the principle is not fundamentally different ... 27 I would not go so far as ... (2) The standards of fairness are not immutable. They may change with the passage of time, both in the ... ...
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Polkey v A. E. Dayton Services Ltd
... ... 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 ... ...
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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
... ... 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 , ... ...
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Miller v Miller (Short Marriage: Clean break)
... ... 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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R v Brown (Winston)
... ... Fairness also requires that the rules of natural justice must be observed. In this ... v. Keane [1994] 1 W.L.R. 746 , 750G, the great principle is that of open justice. It would be contrary to that principle for the ... ...
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E v Secretary of State for the Home Department
... ... for the appellate process and the reality of what remains of the principle of finality, is open to question. It may soon be time for Parliament ... the way to a separate ground of review, based on the principle of fairness. It is true that Lord Slynn distinguished between "ignorance of fact" and ... ...
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EK (Ivory Coast) v The Secretary of State for the Home Department
... ... 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 ... ...
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Stack v Dowden
... ... 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 ... ...
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Paponette and Others v Attorney General of Trinidad and Tobago
... ... In many of the cases relied on by the Court of Appeal, the principle that was being applied was not that a regulatory restriction could not of ... , the court will have the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy." ... ...
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Secretary of State for the Home Department v AF (No 3)
... ... friends to have concluded that the requirements of procedural fairness under domestic law or under the Convention would be met if a person ... position and I therefore agree with the Court of Appeal that in principle the special advocate procedure provides sufficient safeguards to satisfy ... ...
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