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.

  • 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.

  • 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”.

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

    For example, it may be clear as a matter of law at the outset that even if a party were to succeed in proving all the facts that he offers to prove he will not be entitled to the remedy that he seeks. 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.

  • 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.

  • 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.

  • 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.

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Legislation
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Books & Journal Articles
  • Reinstatement of Previously Deregistered Health Professionals in Australia: Legal Determinations of Risk, Patient Safety, and Public Interest
    • No. 51-1, March 2023
    • Federal Law Review
    Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Can...
    ... ... of public interest and public safety when deciding whether de-registered health practitioners who seek reinstatement are now ‘fit and proper’to practise theirprofession again. There is a considerable body of case law on the meaning of fitness to practise forhealth professionals, and the ... ...
  • Reinstatement of Previously Deregistered Health Professionals in Australia: Legal Determinations of Risk, Patient Safety, and Public Interest
    • No. 51-1, March 2023
    • Federal Law Review
    Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Can...
    ... ... of public interest and public safety when deciding whether de-registered health practitioners who seek reinstatement are now ‘fit and proper’to practise theirprofession again. There is a considerable body of case law on the meaning of fitness to practise forhealth professionals, and the ... ...
  • Adoption of mobile technology in business: a fit‐viability model
    • No. 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 ... ...
  • Using the lie detector test to curb corruption in the Nigerian Police Force
    • No. 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 ... ...
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Law Firm Commentaries
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Forms
  • Evidence in support of application for examination of a witness and production of documents under the evidence (Proceedings in other jurisdictions) Act 1975 (rule 34.17 and PD34 paragraph 6.3)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... to the said proceedings [before one of the Examiners of the Court] or [before (name, occupation and address) who, in my opinion, is a fit and proper person to take such examination] ... [I believe that the facts stated in this witness statement are true ... Signed:      Name: ... ... ...
  • Application for Certificate to Levy Distress
    • HM Courts & Tribunals Service court and tribunal forms
    Enforcement forms including forms used by judges.
    ... ... and your home and business addresses for the last six years ... The judge can only grant a certificate if satisfied that you are a fit and proper person and have a sufficient knowledge ... of the law of distress ... Please give any information below which may assist the judge in considering ... ...
  • Application for Certificate to act as an enforcement agent
    • HM Courts & Tribunals Service court and tribunal forms
    Enforcement forms including forms used by judges.
    ... ... You must submit this with your application form ... The judge can only grant a certificate if satisfied that you are a fit and proper person and ... have a sufficient knowledge of the law of debt enforcement ... 12. Please give any information below which may assist the judge in ... ...
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