Procedural Unfairness in UK Law

Leading Cases
  • Runa Begum v Tower Hamlets London Borough Council
    • House of Lords
    • 13 February 2003

    Thus the court may not only quash the authority's decision under section 204(3) if it is held to be vitiated by legal misdirection or procedural impropriety or unfairness or bias or irrationality or bad faith but also if there is no evidence to support factual findings made or they are plainly untenable or ( Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 at 1030, per Scarman LJ) if the decision-maker is shown to have misunderstood or been ignorant of an established and relevant fact.

  • Abacha and Others v Secretary of State for Home Department
    • Queen's Bench Division (Administrative Court)
    • 18 October 2001

    Secondly, such requests are made by friendly, foreign countries with whom we have treaty or similar obligations of mutual co-operation. The expectation must therefore be that we will comply with the request unless there are compelling reasons for not doing so and that we will do so as quickly as possible. Any requirement for procedural fairness must be fashioned with those considerations firmly in mind.

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

    No doubt there may be cases where the procedural defect is so gross, and the prejudice suffered by the appellant so extreme, that it would be appropriate to quash the auditor's decision on that ground.

    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.

  • Cocks v Thanet District Council
    • House of Lords
    • 25 November 1982

    The power of decision being committed by the statute exclusively to the housing authority, their exercise of the power can only be challenged before the courts on the strictly limited grounds (i) that their decision was vitiated by bias or procedural unfairness; (ii) that they have reached a conclusion of fact which can be impugned on the principles set out in the speech of Lord Radcliffe in Edwards v. Bairstow [1956] A.C. 14; or (iii) that, in so far as they have exercised a discretion (as they may require to do in considering questions of reasonableness under section 17(1)(2) and (4)), the exercise can be impugned on the principles set out in the judgment of Lord Greene M.R. in Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223.

  • MM (unfairness; E & R) Sudan
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 14 November 2013

    The pivotal importance of the error of fact upon which the reasoning of the judge was demonstrably based helps to explain why, in appeals raising issues of international protection, there is room for departure from an inflexible application of common law rules and principles where this is necessary to redress unfairness. The decision of the Court of Appeal in E & R v Secretary of State points towards a broader approach, in which the common law right to a fair hearing predominates.

  • Gallaher Group Ltd and Others, R v The Competition and Markets Authority
    • Supreme Court
    • 16 May 2018

    In summary, procedural unfairness is well-established and well-understood. “whether there has been unfairness on the part of the authority having regard to all the circumstances” Nor is it made so by the addition of terms such as “conspicuous” or “abuse of power”. Such language adds nothing to the ordinary principles of judicial review, notably in the present context irrationality and legitimate expectation. It is by reference to those principles that cases such as the present must be judged.

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Legislation
  • The Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008
    • UK Non-devolved
    • January 01, 2008
    ......Section 2 repeals a related provision about procedural unfairness in dismissal cases (section 98A Employment Rights Act 1996 ......
  • Employment Relations Act 1999
    • UK Non-devolved
    • January 01, 1999
    ...... . (a) the likelihood of the ballot being affected by unfairness or. malpractice if it were conducted at a workplace or workplaces;. . . ...notices, to produce evidence or to comply with other procedural. requirements;. . . (c) make provision for the consequences of failure ......
  • Crime (Overseas Production Orders) Act 2019
    • UK Non-devolved
    • January 01, 2019
    ...... being sworn to by witnesses, so far as that may be done without unfairness to either party. S-11 . Procedural matters 11 Procedural matters . . ......
  • Act of Sederunt (Sheriff Appeal Court Rules) 2015
    • Scotland
    • January 01, 2015
    ...... "party litigant" has the meaning given by rule 4.1(2); . "procedural Appeal Sheriff" has the meaning given by paragraph 2(1) of Schedule 1; . ... delay by another party or another party's solicitor; and(b) unfairness has resulted from that delay. (3) An application is to be made by motion. ......
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Books & Journal Articles
  • JUDICIAL REVIEW OF ADMINISTRIATIVE DECISIONS – A BACKGROUND PAPER
    • Nbr. 64-2, June 1986
    • Public Administration
    Judicial review is now the normal route for anyone seeking to challenge an administrative decision, unless there is a separate statutory right of appeal as for example in town planning matters. Gro...
    ...... was unreasonable or irrational and (c) that there was procedural unfairness. Those who seek review must understand that the court ......
  • The Parole Board as ‘functus officio’: R (Dickins) v Parole Board [2021] EWHC 1166 (Admin)
    • Nbr. 85-5, October 2021
    • Journal of Criminal Law, The
    ...... scope of that which could be reconsidered (only irrational or procedurally unfair decisions could be considered, see PBR, rr 28(1)(a) and (b)). ... the PBR, r 28, only provided for irrationality and procedural unfairness, the decision to release the Claimant based upon legal error was not one ......
  • Understanding police officers’ trust and trustworthy behavior: A work relations framework
    • Nbr. 13-2, March 2016
    • European Journal of Criminology
    In recent years, theorization and research on citizens’ trust in the police have expanded enormously. Compared with citizens’ trust, police officers’ trust – both in citizens and in supervisors – h...
    ...... that, although scholars have pointed to police officers’ procedural justice as a key factor for building public trust in the police, the ... 281 from general strain theory that internal procedural unfairness can involve different types of strain. Biased and disrespectful ......
  • Why Global Inequality Matters: Derivative Global Egalitarianism
    • Nbr. 7-2, October 2011
    • Journal of International Political Theory
    This article integrates empirical and normative discussions about why global economic inequalities matter in critically examining an approach known as derivative global egalitarianism (DGE). DGE is...
    ...... curtailment of poverty- reduction efforts and the erosion of procedural fairness within multilateral institutions. DGE is valuable as it promises ...Because of this underlying element of real-world unfairness, inequality is often humiliating even when it is not accompanied by ......
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Law Firm Commentaries
  • The Latest Advancement On Procedural Fairness In Planning Hearings
    • Mondaq UK
    ...... decision was made by hearing rather than inquiry- and were consequently successful in challenging the decision on the ground of procedural unfairness. However, in the instant case (whereby the developer and the Secretary of State contended that the judge had erred in concluding that the ......
  • Andy Carroll And The FA Disciplinary Appeal Procedures
    • Mondaq United Kingdom
    ...... of ultra vires (including error of law), irrationality or procedural unfairness, with the Tribunal exercising a supervisory jurisdiction.". ......
  • Aberdeen Bypass Back On Track
    • Mondaq United Kingdom
    ...... that the restricted remit of the public local inquiry was procedurally unfair and unreasonable, constituting a breach of an individual's right ... breaches of their human rights, and a claim of procedural unfairness. Lord Tyre rejected the majority of the arguments put forward by the ......
  • Judicial Review Of The Care Quality Commission Decisions
    • Mondaq UK
    ...... CQC has acted outside the law governing the action in question Procedural unfairness - the CQC has not followed the proper procedures Irrationality ......
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