Natural Justice in UK Law

Leading Cases
  • Wiseman v Borneman
    • House of Lords
    • 29 Julio 1969

    For a long time the Courts have, without objection from Parliament, supplemented procedure laid down in legislation where they have found that to be necessary for this purpose. But before this unusual kind of power is exercised it must be clear that the statutory procedure is insufficient to achieve justice and that to require additional steps would not frustrate the apparent purpose of the legislation.

    But any analysis must bring into relief rather their spirit and their inspiration than any precision of definition or precision as to application. We do not search for prescriptions which will lay down exactly what must, in various divergent situations, be done. The principles and procedures are to be applied which, in any particular situation or set of circumstances, are right and just and fair. Natural justice, it has been said, is only "fair play in action".

  • Carillion Construction Ltd v Devonport Royal Dockyard Ltd
    • Court of Appeal (Civil Division)
    • 16 Noviembre 2005

    It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator's reasons and identify points upon which to present a challenge under the labels "excess of jurisdiction" or "breach of natural justice". The task of the adjudicator is to find an interim solution which meets the needs of the case. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

  • Lloyd (A.P.) and Others (A.P.) v McMahon
    • House of Lords
    • 12 Marzo 1987

    In particular, it is well-established that when a statute has conferred on any body the power to make decisions affecting individuals, the courts will not only require the procedure prescribed by the statute to be followed, but will readily imply so much and no more to be introduced by way of additional procedural safeguards as will ensure the attainment of fairness.

  • Anisminic Ltd v Foreign Compensation Commission
    • House of Lords
    • 17 Diciembre 1968

    But there are many cases where, although the tribunal had jurisdiction to enter on the enquiry, it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity. It may in perfect good faith have misconstrued the provisions giving it power to act so that it failed to deal with the question remitted to it and decided some question which was not remitted to it.

  • Al-Rawi & others v The Security Service & others
    • Supreme Court
    • 13 Julio 2011

    Secondly, trials are conducted on the basis of the principle of natural justice. A party has a right to know the case against him and the evidence on which it is based. He is entitled to have the opportunity to respond to any such evidence and to any submissions made by the other side. The other side may not advance contentions or adduce evidence of which he is kept in ignorance. The Privy Council said in the civil case of Kanda v Government of Malaya [1962] AC 322, 337:

  • Chief Constable of the North Wales Police v Evans
    • House of Lords
    • 22 Julio 1982

    I turn secondly to the proper purpose of the remedy of judicial review, what it is and what it is not. His was a dissenting judgment but the dissent was not concerned with this point. Judicial review is concerned, not with the decision, but with the decision-making process. Unless that restriction on the power of the court is observed, the court will in my view, under the guise of preventing the abuse of power, be itself guilty of usurping power.

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Legislation
  • The Conservation of Habitats and Species Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... designated for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.Annotations: Marginal Citations # M1 ... Section 31 was amended by the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the 2000 Act, Schedule 9, paragraph ... ...
  • Courts Reform (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ... ... provision about the Scottish Land Court; to make provision about justice of the peace courts; to rename the Scottish Court Service and give it ... (2) “Non-natural person” means—(a) a company (whether incorporated in the United ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free ... (a) the administration of justice, ... (b) the exercise of a function of either House of Parliament, ... ...
  • Mental Capacity Act 2005
    • UK Non-devolved
    • 1 de Enero de 2005
    ... ... (F51F5) The F6Lord Chief Justice, with the concurrence of the Lord Chancellor,F6 may by order make ... to be heard, and(c) that omission amounted to a breach of natural justice.(4) It may also disapply this paragraph in relation to a measure ... ...
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Books & Journal Articles
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Forms
  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Arbitration appeal name of judge who gave leave to appeal:   Mr Justice……………………………… ... NOTE:   This section must ...  oil and gas and other natural resources ...  physical commodity trading ...  professional ... ...
  • Expenses claim for witnesses
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... 0870 739 4017 ... Print form ... Reset form ... The Ministry of Justice and HM Courts and Tribunals Service processes personal information about ... Authorisation ... Business entity code ... Operating unit ... Natural account code ... Signature of Authorising Officer ... Name of Authorising ... ...
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