Procedural Unfairness in UK Law
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Lloyd (A.P.) and Others (A.P.) v McMahon
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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.
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.
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The Lord Chancellor v Detention Action Secretary of State for the Home Department (Interested Party)
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I would accept Mr Eadie's summary of the general principles that can be derived from these authorities: (i) in considering whether a system is fair, one must look at the full run of cases that go through the system; (ii) a successful challenge to a system on grounds of unfairness must show more than the possibility of aberrant decisions and unfairness in individual cases; (iii) a system will only be unlawful on grounds of unfairness if the unfairness is inherent in the system itself; (iv) the threshold of showing unfairness is a high one; (v) the core question is whether the system has the capacity to react appropriately to ensure fairness (in particular where the challenge is directed to the tightness of time limits, whether there is sufficient flexibility in the system to avoid unfairness); and (vi) whether the irreducible minimum of fairness is respected by the system and therefore lawful is ultimately a matter for the courts.
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Cain v Francis; McKay v Hamlani
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It seems to me that, in the exercise of the discretion, the basic question to be asked is whether it is fair and just in all the circumstances to expect the defendant to meet this claim on the merits, notwithstanding the delay in commencement. Thus, there may be some unfairness to the defendant due to the delay in issue but the delay may have arisen for so excusable a reason, that, looking at the matter in the round, on balance, it is fair and just that the action should proceed.
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Cocks v Thanet District Council
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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.
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Runa Begum v Tower Hamlets London Borough Council
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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.
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Gallaher Group Ltd and Others, R v The Competition and Markets Authority
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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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The Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008
... ... Section 2 repeals a related provision about procedural unfairness in dismissal cases (section 98A Employment Rights Act 1996 ... ...
- Crime (Overseas Production Orders) Act 2019
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Act of Sederunt (Sheriff Appeal Court Rules) 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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The Police Appeals Tribunals Rules 2012
... ... ) Regulations 2012 12 or Schedule 3 to the 2002 Act, or other unfairness which could have materially affected the finding or decision on ... determines that there is fresh evidence, or that there was a procedural default or other unfairness, that could have materially affected the ... ...
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JUDICIAL REVIEW OF ADMINISTRIATIVE DECISIONS – A BACKGROUND PAPER
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 ... ...
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The Parole Board as ‘functus officio’: R (Dickins) v Parole Board [2021] EWHC 1166 (Admin)
... ... for in the PBR, r 28, only provided for irrationality and procedural unfairness, the decision to release the Claimant based upon legal error ... ...
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Understanding police officers’ trust and trustworthy behavior: A work relations framework
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 ... ...
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Determining the Appropriate Test for Reviewing Parole Board Decisions: Browne (Aswad) v The Parole Board of England and Wales [2018] EWCA Civ 2024
... ... Parole Board to apply a presumption in favour of release; (2) procedural unfairness because there had been no proper investigation of the ... ...
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The Latest Advancement On Procedural Fairness In Planning Hearings
... ... 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 ... ...
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Andy Carroll And The FA Disciplinary Appeal Procedures
... ... of ultra vires (including error of law), irrationality or procedural unfairness, with the Tribunal exercising a supervisory jurisdiction." ... ...
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Unfair Dismissal - The Importance Of Procedural Fairness
... ... ... Mr Evans appealed, arguing he had a reasonable prospect of ... success in respect of the alleged procedural unfairness, and that ... this alone was sufficient for the claim to proceed. The EAT ... upheld the appeal. It held Mr Evans's unfair dismissal ... claim ... ...
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Aberdeen Bypass Back On Track
... ... on purported breaches of their human rights, and a claim of procedural unfairness ... Lord Tyre rejected the majority of the arguments put ... ...