Procedural Unfairness in UK Law

  • Ashish Balajigari v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Abril 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 ... ...
  • Lloyd (A.P.) and Others (A.P.) v McMahon
    • House of Lords
    • 12 Marzo 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 ... ...
  • AM (Afghanistan) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 27 Julio 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 v Civil Service Appeal Board, ex parte Cunningham
    • Court of Appeal (Civil Division)
    • 04 Marzo 1991
    ... ... imply so much and no more to be introduced by way of additional procedural safeguards as will ensure the attainment of fairness." ... : it is sufficient if he makes out a case of procedural unfairness ... 46 For this proposition Mr Pannick relies chiefly on passages in ... ...
  • Runa Begum v Tower Hamlets London Borough Council
    • House of Lords
    • 13 Febrero 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 ... ...
  • R (B) v Merton
    • Queen's Bench Division (Administrative Court)
    • 14 Julio 2003
    ... ... ii) There was procedural unfairness, in that he should have been given an adequate opportunity to ... ...
  • Fuller v London Borough of Brent
    • Court of Appeal (Civil Division)
    • 15 Marzo 2010
    ... ... 21 The ET rejected an allegation of procedural unfairness. EAT decision ... 22 ... ...
  • R v Secretary of State for Education and Employment, ex parte Begbie
    • Court of Appeal (Civil Division)
    • 20 Agosto 1999
    ... ... (ii)the rule operates in the field of substantive as well as procedural rights; ... 45 (iii)the categories of unfairness are not closed; ... ...
  • R v Secretary of State for the Home Department ex parte Bugdaycay
    • House of Lords
    • 19 Febrero 1987
    ... ... of the Act or the rules thereunder or which is the result of procedural impropriety or unfairness or is otherwise unlawful ... 59 The ... ...
  • Walton v Scottish Ministers
    • Supreme Court (Scotland)
    • 17 Octubre 2012
    ... ... orders were challenged on a wide variety of grounds, including procedural unfairness in respect of the limited scope of the inquiry, and a failure ... ...
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