swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Natural Justice - From: 2003 To: 2003
This page lists 6 cases, and was prepared on 02 April 2018.
London Borough of Southwark v Jiminez; CA 8-Apr-2003 - [2003] EWCA Civ 502; Gazette, 12 June 2003; [2003] IRLR 477; [2003] ICR 1176
Regina (Karagoz) v Immigration Appeal Tribunal Times, 11 June 2003
12 May 2003
QBD
Wilson J
Immigration, Natural Justice
The asylum seeker appealed against a decision, saying the notice of hearing had not been received by him. The Immigration Appeal Tribunal rejected his appeal without consideration of his application on the merits and without giving him opportunity to be heard. The adjudicator said he had complied with the rules. Held: Neither the applicant nor his solicitors acknowledged receipt of the notice, nor attended the hearing. The adjudicator took evidence of posting as rebuttable evidence of receipt. However the adjudicator had not made proper allowance for all the circumstances. It would have been wise at least to have obtained a better explanation of events, including as a minimum a call to the solicitors. On appeal against the decision the Immigration Appela tribunal had notice of assertions hat the notice had not been received. It made no finding on those assertions, but ignored them. That was unlawful, and if having considered the evidence it had concluded an appeal had a chance of success, he should have allowed the appeal.
Immigration and Asylum Appeals (Procedure) Rules 2000 (2000 No 2333) 30(2) 33
Liubov Ford v Richard Labrador [2003] UKPC 41; Times, 05 June 2003; Gazette, 10 July 2003; [2003] 1 WLR 2082
22 May 2003
PC
Lord Hope of Craighead, Lord Rodger of Earlsferry, Sir Philip Otton
Commonwealth, Litigation Practice, Human Rights, Costs, Natural Justice
(Gibraltar) The appellant had failed in an action for defamation, she had been ordered to pay costs as a condition of her continuing the action. Held: The order was made by the Chief Justice sitting as a judge of the Court of Appeal in an appeal which had been taken against a decision which he himself had made when sitting in the Supreme Court at first instance. That was insupportable. She had not been informed of the hearing of the taxation of the costs she was now asked to pay. Those costs were disproportionate to the matter before the court. The European Convention has not been incorporated into the domestic law of Gibraltar and the decisions of the European Court are not strictly binding on the courts of Gibraltar, but they are rightly treated, where pertinent, as persuasive.
1 Cites
1 Citers
[ Bailii ] - [ PC ] - [ PC ]
Lawal v Northern Spirit Limited Gazette, 17 July 2003; [2003] UKHL 35; [2003] ICR 856; [2004] 1 All ER 187
19 Jun 2003
HL
L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn
Employment, Human Rights, Legal Professions, Natural Justice
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel's practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection.
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Sadler v The General Medical Council [2003] UKHL 59; Times, 29 September 2003; [2004] Lloyd's Rep Med 44; [2004] HRLR 8; [2003] 1 WLR 2259
15 Jul 2003
PC
Lord Rodger of Earsferry, Lord Walker of Gestingthorpe, Sir Phillip Otton
Health Professions, Human Rights, Natural Justice
(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner's current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the practitioner, but to protect the public. The standard of proof was accordingly the civil standard of balance of probabilities. The Board considered the role of members of the GMC sitting as panel members of its Committee on Professional Performance. It was argued that the presence of GMC members on the CPP panels was contrary to the domestic doctrine of apparent bias or to ECHR article 6. Held: Lord Hope pointed out that there is no general principle of Convention jurisprudence which prevents such self-regulation and that everything depended on all the relevant circumstances. As to the relevant rules and the protection afforded by them, their Lordships were satisfied that the CPP met the Convention requirements.
European Convention on Human Rights
1 Cites
1 Citers
[ Bailii ] - [ PC ] - [ PC ]
Stanley Cole (Wainfleet) Ltd v Sheridan [2003] EWCA Civ 1046; Times, 05 September 2003; Gazette, 02 October 2003; [2003] 4 All ER 1181; [2003] IRLR 885; [2003] ICR 1449
25 Jul 2003
CA
Lord Justice Ward, Lord Justice Buxton And Lord Justice Mance
Litigation Practice, Employment, Natural Justice
The employment tribunal, in delivering its judgment had cited a decision which was not among those referred to by the parties, but it did not give an opportunity to them to comment on it before delivering its decision. Held: Such an ommission was a defect in procedure, and potentially a serious one. However in this case, it was not shown that the case referred to had had any significant impact on the decision, and therefore the original decision stood. The right to a fair hearing requires notice of all material matters of fact and law to be given to the parties. A mere procedural failure will not normally allow a review. Each such case must stand on its own facts.
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2001 Sch1-13(1)
1 Cites
[ Bailii ]
