Procedural Unfairness in UK Law

  • 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 ......
  • Court Questions Fairness Of Interim Suspensions Effect Pending Outcome Of Appeals
    • Mondaq UK
    ...... decision, the court made observations about the appearance of unfairness in an unsuccessful appeal in the situation where an interim suspension ... PB submitted to the court that there had been procedural unfairness in the conduct of the hearing which had gone ahead in her ......
  • Unfair Dismissal - The Importance Of Procedural Fairness
    • Mondaq UK
    ......due to his own conduct.  . 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 could ......
  • How much can a judge intervene in cross-examination before a trial becomes unfair?
    • JD Supra United Kingdom
    Lord Justice Jackson's reforms to the Civil Procedure Rules (CPR) enabled judges to take a more active part in case management: they can manage the parties' costs budgets, control the timetable, l...
    ......-examination of witnesses without risking actual or perceived unfairness. . Court of Appeal decision on judicial intervention. . In Shaw v. ... . The allegations of procedural unfairness were supported by evidence such as the court transcript which ......
  • How much can a judge intervene in cross-examination before a trial becomes unfair?
    • JD Supra United Kingdom
    A TCC decision looks set to shake up the construction industry's approach to concurrent delay and how to draft extension of time clauses. What's more, the decision is so forthright and clear that i...
    ......-examination of witnesses without risking actual or perceived unfairness. Court of Appeal decision on judicial intervention. In Shaw v. Grouby ... The allegations of procedural unfairness were supported by evidence such as the court transcript which ......
  • EUIPO Streamlines Examination Of Priority For Community Designs Applications
    • Mondaq UK
    ...... from being able to review their objection, leading to a procedural stalemate. Similar circumstances might also have arisen due to errors in ... to withdraw their objections in these situations due to the unfairness to the applicant. However, such resolutions rely on the discretion of the ......
  • Support Persons: You Can Look but You Can't Touch
    • JD Supra United Kingdom
    A Full Bench of the Fair Work Commission has handed down a decision in Victorian Association for the Teaching of English Inc (VATE) v Debra de Laps [2014] FWCFB 613 (19 February 2014) which clarifi...
    ......de Laps procedural fairness when it requested that she attend a formal meeting to discuss her ... could not be regarded as constituting an element of procedural unfairness. . . . The timeframe between 13 December 2012, when Ms. de Laps ......
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