Fit and Proper in UK Law

Leading Cases
  • Hobbs v Financial Conduct Authority
    • Court of Appeal (Civil Division)
    • 29 July 2013

    Furthermore, in my judgment it is important for the Tribunal to consider all the facts and evidence put before it on a reference under section 57. To take the present case as an example, I can see that it might be arguable that on Henderson v Henderson grounds the Authority should not be permitted to rely on allegations that it put before the Tribunal but which the Tribunal did not accept demonstrated that Mr Hobbs was not a fit and proper person.

  • Robinson v Chief Constable of West Yorkshire Police
    • Supreme Court
    • 08 February 2018

    The drawing of an analogy depends on identifying the legally significant features of the situations with which the earlier authorities were concerned. The courts also have to exercise judgement when deciding whether a duty of care should be recognised in a novel type of case. It is the exercise of judgement in those circumstances that involves consideration of what is “fair, just and reasonable”.

  • R (RBNB) v Warrington Crown Court
    • House of Lords
    • 20 June 2002

    Secondly, some consideration must be given to the expression "fit and proper" person. This is a portmanteau expression, widely used in many contexts. It does not lend itself to semantic exegesis or paraphrase and takes its colour from the context in which it is used.

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001

    In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based. The simpler the case the easier it is likely to be take that view and resort to what is properly called summary judgment.

  • ABC Ltd (First Appellant) X Ltd & Y Ltd (Second and Third Appellants) v The Commissioners for HM Revenue and Customs
    • Court of Appeal (Civil Division)
    • 07 July 2017

    A conclusion that a person is not fit and proper for unconditional approval does not preclude conditional approval of that person. In my view HMRC have power under section 88C(3) to grant a temporary approval pending appeal if they conclude that a person is fit and proper for that limited period, perhaps with additional conditions. That is a possible conclusion thagt might be reached even if a general approval is being denied.

  • Hawkes v Cuddy and Others (Nos 1 & 2)
    • Court of Appeal (Civil Division)
    • 24 April 2009

    In the present case, the correctness or otherwise of that proposition is academic, since ultimately, when it was apparent from the judge's judgment that Mr Hawkes would not be able to buy out Mr Cuddy, he agreed to the order proposed by the judge being made on his petition. On any basis, therefore, the judge had power to make the order he did. But I would not want it to be assumed that that proposition represents the law.

  • McFarlane v Tayside Health Board
    • House of Lords
    • 25 November 1999

    In my opinion the law must take the birth of a normal, healthy baby to be a blessing, not a detriment. Individuals may choose to regard the balance as unfavourable and take steps to forego the pleasures as well as the responsibilities of parenthood. They are entitled to decide for themselves where their own interests lie. It would be repugnant to its own sense of values to do otherwise. It is morally offensive to regard a normal, healthy baby as more trouble and expense than it is worth.

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Legislation
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Books & Journal Articles
  • Using the lie detector test to curb corruption in the Nigerian Police Force
    • Nbr. 26-3, July 2019
    • Journal of Financial Crime
    • 874-880
    Purpose: This paper aims to critically examine the lie detector test policy of the Nigeria Police Force to determine if the policy is capable of curbing corruption in the Nigerian Police Force. De...
    ......The above measure willensurethat currentemployees who are chosen as examiners for the lie detector tests are fit and proper personsfor thejob.Research limitations/implications –This paper focuses on the new lie detector test policy of theNigeria PoliceForce. It does not ......
  • Adoption of mobile technology in business: a fit‐viability model
    • Nbr. 107-8, October 2007
    • Industrial Management & Data Systems
    • 1154-1169
    Purpose: This paper aims to study the adoption of mobile technology in business and its determinants. A diagnostic tool for proper adoption of mobile technology is developed. Design/methodology/ap...
    ......A diagnostic tool for proper adoption of mobile technology is developed.Design/methodology/approach – Grounded on the fit-viability framework, the paper uses amulti-case study ......
  • Implementing sustainable procurement in the United Arab Emirates public sector
    • Nbr. 20-2, April 2020
    • Journal of Public Procurement
    • 97-117
    Purpose: Despite making significant strides in transforming its environmental outlook over the past few years and promoting sustainable procurement (SP) in the public sector, the United Arab Emirat...
    ...... should issuea standard practices handbookfor SP to be used bypublic organizationsto provide public procurers a clear method for conductinga proper cost–benefit analysisto evaluate and decide on sustainable purchases that fit the economy and society and meet the nationalsustainabilityagenda. ......
  • Are you fit to run an electronic library?
    • Nbr. 4-6, June 1986
    • The Electronic Library
    • 303-308
    The introduction of computers — especially microcomputers — into libraries is having an enormous effect on the way information is being acquired, processed and used by the library staff, the public...
    ......Thousands of dollars can be wasted if appointments of managers to run these expensive facilities are made without proper screening of personnel who are adaptable to this new and upcoming environment. Faced with awesome responsibilities, the electronic library manager is ......
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Law Firm Commentaries
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