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swarb.co.uk - law indexThese 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. |
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Natural Justice - From: 1900 To: 1929This page lists 7 cases, and was prepared on 02 April 2018. Board of Education v Rice [1911] AC 179 1911 HL Lord Loreburn LC Natural Justice Lord Loreburn LC said: "that a decision-making body should not see relevant material without giving those affected a chance to comment on it and, if they wish, to controvert it, is fundamental to the principle of law (which governs public administration as much as it does adjudication) that to act in good faith and listen fairly to both sides is 'a duty lying upon everyone who decides anything'." 1 Citers Local Government Board v Arlidge; HL 1914 - [1915] AC 120; [1914-15] All ER 1; 30 TLR 672 Rex v Lee Kun; CCA 1916 - [1916] 1 KB 337; (1916) 11 Cr App R 293 Law v Chartered Institute of Patent Agents [1919] 2 Ch 276 1919 Eve J Natural Justice Eve J discussed the test for bias in the members of a council making a decision: "If he has a bias which renders him otherwise than an impartial judge he is disqualified from performing his duty. Nay, more (so jealous is the policy of our law of the purity of the administration of justice), if there are circumstances so affecting a person acting in a judicial capacity as to be calculated to create in the mind of a reasonable man a suspicion of that person's impartiality, those circumstances are themselves sufficient to disqualify although in fact no bias exists". 1 Citers Sellar v Highland Railway Co (No.1) [1919] UKHL 1; 1919 1 SLT 149; 1919 SC (HL) 19 24 Jan 1919 HL Lord Buckmaster Scotland, Constitutional, Natural Justice The House considered whether a judge should recuse himself in a case involving a company in which he owned shares. 1 Citers [ Bailii ] Rex v Sussex Justices, Ex parte McCarthy; 1923 - [1924] 1 KB 256; [1923] All ER Rep 233 Robins v National Trust Company Ltd [1927] AC 515 1927 Lord Dunedin Natural Justice The rule restricting a third tier court from upsetting a finding where there have been concurrent judgments of two courts on a pure question of fact were not based on any statutory rule. 1 Citers |
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