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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: 1985 To: 1989

This page lists 13 cases, and was prepared on 02 April 2018.


 
 Bahai v Rashidian; CA 1985 - [1985] 1 WLR 1337

 
 Bradford v McLeod; HCJ 1985 - 1985 SCCR at 379; (1986) Crim LR 690; 1986 SLT 244

 
 Kioa v West; 18-Dec-1985 - (1985) 60 ALJR 113; (1985) 159 CLR 550; [1985] HCA 81
 
Valente v The Queen [1985] 2 SCR 673; 52 OR (2d) 779; 1985 CanLII 25 (SCC); 24 DLR (4th) 161; 23 CCC (3d) 193; 49 CR (3d) 97; 64 NR 1; [1985] CarswellOnt 129; [1985] SCJ No 77 (QL); 14 OAC 79; 15 WCB 326; 19 CRR 354; 37 MVR 9
19 Dec 1985

Dickson CJ and Beetz, Estey, McIntyre, Chouinard, Lamer and Le Dain JJ
Human Rights, Natural Justice, Legal Professions
Canlii Supreme Court of Canada - Courts -- Charter of Rights -- Independent tribunal -- Provincial Court judge declined jurisdiction on ground Provincial Court (Criminal Division) not an independent tribunal -- Whether or not judge of Provincial Court (Criminal Division) an independent tribunal.
Constitutional law -- Charter of Rights -- Courts -- Independent tribunal -- Jurisdiction declined on ground Provincial Court (Criminal Division) not an independent tribunal -- Whether or not judge of Provincial Court (Criminal Division) an independent tribunal -- Canadian Charter of Rights and Freedoms, s. 11(d) -- Constitution Act, 1982, s. 52(1) -- Provincial Courts Act, R.S.O. 1980, c. 398 -- Public Service Act, R.S.O. 1980, c. 418 -- Public Service Superannuation Act, R.S.O. 1980, c. 419 -- Provincial Courts Amendment Act, 1983, 1983 (Ont.), c. 18, s. 1 -- Provincial Judges and Masters Statute Law Amendment Act, 1983, 1983 (Ont.), c. 78, s. 2(2) -- Courts of Justice Act, 1984, 1984 (Ont.), c. 11.
1 Citers

[ Canlii ]

 
 Columbia Pictures Industries Inc v Robinson; ChD 1986 - [1987] Ch 38; [1986] 3 WLR 542; [1986] FSR 367; [1986] 3 All ER 338
 
Regina v Board of Visitors ex parte Lewis [1986] 1 WLR 130
1986

Woolf J
Prisons, Natural Justice

1 Citers



 
 Regina v Diggines, ex parte Rahmani; HL 1986 - [1986] 2 WLR 530; [1986] AC 475; [1986] 1 All ER 921
 
Cowley v Heartley Times, 24 July 1986
24 Jul 1986

Sir Nicolas Browne-Wilkinson V-C
Natural Justice, Contract
It is the courts' function to control illegality and make sure that a body does not act outside its powers.
1 Cites

1 Citers



 
 Regina v Board of Visitors of the Maze Prison, ex Parte Hone; HL 21-Jan-1987 - [1988] AC 379; [1988] 2 WLR 177; [1988] 1 All ER 321; [1987] UKHL 9

 
 Lloyd v McMahon; HL 12-Mar-1987 - [1987] AC 625; [1987] UKHL 5; [1987] 1 All ER 1118; [1987] 2 WLR 821
 
Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd Unreported, 1989
1989

Judge J
Taxes Management, Natural Justice
The taxpayer complained of a change in Inland Revenue practice which, it said, went against a legitimate expectation created by the scheme. Held. Judge J said: "There is a detailed procedure for resolving disputes between the Inland Revenue and the taxpayer and if necessary for bringing such disputes to the courts for decision. In addition, however, as the Inland Revenue is an "administrative body with statutory duties" (per Lord Wilberforce in Regina v Commissioners of Inland Revenue ex parte National Federation of Self Employed at page 632) it is not immune from an order for judicial review. Since the decision in the House of Lords in Regina v Commissioners of Inland Revenue ex parte Preston [1985] AC 835 the principle has been established that acts which are an abuse of the Inland Revenue's powers or acts done outside those powers may be subject to judicial review.
Abuse of power may take the form of unfairness. This is not mere "unfairness" in the general sense. Even if "unfair", efficient performance of the statutory obligations imposed on the Inland Revenue will not, of itself, amount to an abuse of power"
1 Citers


 
Shearson Lehman Hutton Inc and Another v Maclaine Watson and Co Ltd and Others [1989] 2 Lloyd's Reports 570
1989

Webster J
Natural Justice
The court considered the requirements of natural justice in the light of the decision in Gaiman: "Nor do I consider my conclusions to be inconsistent with the decision of Megarry J in [Gaiman] because Megarry J held that the principles of natural justice applied unless there were circumstances such as to indicate the contrary."
1 Cites

1 Citers


 
Al-Mehdawi v Secretary of State for the Home Department [1989] 3 WLR 1294; [1989] 3 All ER 843; [1990] 1 AC 876; [1989] UKHL 7
23 Nov 1989
HL
Lord Bridge
Judicial Review, Immigration, Natural Justice
The applicant, a student had overstayed his leave. Through his solicitor's negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party's absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice for the purpose of judicial review. The loss of his right to be heard was not a procedural impropriety or denial of natural justice. Nor was he entitled to certiorari. In the public law context of removal from the jurisdiction of an alien, a litigant must answer for the failings of his legal advisers.
Lord Bridge said that any other decision would come "at the cost of opening such a wide door which would indeed seriously undermine the principle of finality in decision-making."
Immigtaion Act 1971 21
1 Cites

1 Citers

[ Bailii ]
 
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