Natural Justice in UK Law

Leading Cases
  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 1984

    By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

    This is because susceptibility to judicial review under this head covers also failure by an administrative tribunal to observe procedural rules that are expressly laid down in the legislative instrument by which its jurisdiction is conferred, even where such failure does not involve any denial of natural justice.

  • 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.

  • 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.

  • 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 time constraints within which he is expected to operate are proof of that. 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

    To use the phrase which better expresses the underlying concept, what the requirements of fairness demand when any body, domestic, administrative or judicial, has to make a decision which will affect the rights of individuals depends on the character of the decision-making body, the kind of decision it has to make and the statutory or other framework in which it operates.

  • 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. Lord Evershed referred to 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
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure. . (9) A person guilty of an offence under this section is liable-. . . (a) on conviction on ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (c) (c) the Lord Chancellor; . (d) (d) the Lord Chief Justice of England and Wales; . (e) (e) the Lord President of the Court of ...S-32 . Deaths in custody from natural illness: Northern Ireland 32 Deaths in custody from natural illness: ......
  • The Conservation of Habitats and Species Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... designated 3 for those purposes in relation to the conservation of natural habitats and of wild fauna and flora. . The Secretary of State and the ... 2 to that Act 4 , and by section 307(3) and (5) of the Criminal Justice Act 2003 5 . . These Regulations make provision for a purpose mentioned ......
  • Energy Act 1976
    • UK Non-devolved
    • 1 de Enero de 1976
    ......(i) crude liquid petroleum, natural gas and. petroleum products;. . . (ii) any substance, whether solid, ... 4.   . (1) Subject to sub-paragraph (4) below, if a justice of the. peace (in Scotland a justice of the peace or a sheriff) is ......
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Books & Journal Articles
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