Breach of Fair Procedure - Rules of Natural Justice
The Rule Against Bias

R v Sussex Justices ex p McCarthy [1924] 1 KB 256 - Lord Hewart CJ: "It is not merely of some importance but of fundemental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done"
No actual bias need be shown
Current law: Porter v Magill [2001] UKHL 67 - Lord Hope: "Question is whether the fair minded and informed observer, having considered the facts would conclude that there was a real possibility that the tribunal was biased"
Old law: Gough [1993] 2 All ER 724 - Must be a perceived danger of bias to the reasonable person
Bow Street Stipendiary Magistrate and ors ex p Pinochet Ugarte [1999] 1 All ER 577 - Apprehended bias due to judge being president of pressure group

The Right to a Fair Hearing

Ridge v Baldwin [1964] AC 40 - First use when a Chief Constable was fired without a chance to defend himself
Kanda v Government of Malaya [1962] AC 322 - The person must know the nature of the case against him
R v Thames Magistrates' Court ex p Polemis [1974] 1 WLR 1371 - He must have sufficient time to prepare his own case

Legitimate Expectation

R v Devon County Council ex parte Baker [1995] 1 All ER 73 - Simon Brown LJ: Must be a clear and unambiguous representation that it will adopt a particular form of procedure, claimant must have an interest in a benefit that it hopes to attain or retain, where the decision maker has a substantive right on which it was reasonable forthe claimant to rely
Only recorded use in R v North and East Devon Health Authority, ex parte Coughlan [2001] QB 213

	Erstellt von dordorftw vor mehr als 12 Jahre

Notiz am Judicial Review, erstellt von dordorftw am 23/04/2014.