Procedural Unfairness in UK Law

Leading Cases
  • 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.

  • Cocks v Thanet District Council
    • House of Lords
    • 25 Nov 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.

  • Runa Begum v Tower Hamlets London Borough Council
    • House of Lords
    • 13 Feb 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.

  • Cain v Francis; McKay v Hamlani
    • Court of Appeal (Civil Division)
    • 18 Dic 2008

    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. The length of the delay will be important, not so much for itself as to the effect it has had.

  • The Lord Chancellor v Detention Action Secretary of State for the Home Department (Interested Party)
    • Court of Appeal (Civil Division)
    • 29 Jul 2015

    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.

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

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

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Legislation
  • The Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008
    • UK Non-devolved
    • 1 de Enero de 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
    • UK Non-devolved
    • 1 de Enero de 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
    • 1 de Enero de 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. ......
  • The Police Appeals Tribunals Rules 2012
    • UK Non-devolved
    • 1 de Enero de 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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Books & Journal Articles
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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 of ... 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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