Procedural Unfairness in UK Law

  • AM (Afghanistan) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 27 Jul 2017
    ......The procedural facts have also given rise to common ground between the appellant and the ... the reasons which follow, there was a fundamental procedural unfairness sufficient for this court to intervene. The parties agree. The merits of ......
  • R (B) v Merton
    • Queen's Bench Division (Administrative Court)
    • 14 Jul 2003
    ...... ii) There was procedural unfairness, in that he should have been given an adequate opportunity to ......
  • R v Secretary of State for the Home Department, ex parte T.; R v Secretary of State for the Home Department, ex parte H.; R v Secretary of State for the Home Department, ex parte Hickey
    • House of Lords
    • 12 Jun 1997
    ......The court expressed no opinion on the points concerned with unfairness or breach of natural justice because, in the light of their decision, ... necessary for the majority to consider whether there had been procedural unfairness or a breach of natural justice by the Secretary of State; and ......
  • Ashish Balajigari v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Apr 2019
    ...... cases fall within the scope of paragraph 322 (5) and as to the procedural and evidential requirements for a decision of this kind. . . 17 ...Administrative convenience cannot justify unfairness but I would emphasise that my remarks are limited to cases where an ......
  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 Jun 2013
    ...... whole ; Lord Neuberger and Lord Dyson agree only on the procedural grounds , Lord Carnwath only on the substantive grounds) . ... to the question whether they were reviewable for procedural unfairness he said this: "The real obstacle which I think stands in the ......
  • Lloyd (A.P.) and Others (A.P.) v McMahon
    • House of Lords
    • 12 Mar 1987
    ...... upon the merits of the appeal rather than upon allegations of procedural irregularity on the part of the respondent. Affidavits were lodged by all ... the district auditor's decision was not vitiated by procedural unfairness, the question whether such unfairness, had it existed, was capable of ......
  • Taylor v OCS Group Ltd
    • Court of Appeal (Civil Division)
    • 31 May 2006
    ...... of appeal relates to the finding that the dismissal was procedurally unfair. The ET held that the initial dismissal was manifestly unfair ... has rectified the situation must depend upon the degree of unfairness at the initial hearing. If there is a rehearing de novo at first instance, ......
  • Runa Begum v Tower Hamlets London Borough Council
    • House of Lords
    • 13 Feb 2003
    ...... 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 ......
  • Wilson v First County Trust Ltd (No 2)
    • House of Lords
    • 10 Jul 2003
    ......Rather it may well be a matter of degree - the greater the unfairness, the more it is to be expected that Parliament will make it clear if that ...So procedural bars on bringing claims to court may fall within article 6(1). So also may ......
  • R (Rashid) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Jun 2005
    ...... the Secretary of State's decision was "invalid on grounds of unfairness". The judge had in mind unfairness in the sense the word is used in ... A, with which his case was on all fours and had been linked procedurally. The combination of factors in this case results in conspicuous unfairness ......
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