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: 1996 To: 1996
This page lists 3 cases, and was prepared on 02 April 2018.
Wilander and Another v Tobin and Another Times, 08 April 1996
8 Apr 1996
CA
Lord Justice Neill, Lord Justice Peter Gibson and Lord Justice Hobhouse
Natural Justice
The reversal of the burden of proof was not unfair for sportsmen once they had tested positive for drugs under the sports anti-doping policies. The policies were neither an unlawful restraint on trade nor contrary to natural justice.
1 Citers
Regina v Monopolies and Mergers Commission Ex Parte Stagecoach Holdings Plc Times, 23 July 1996
23 Jul 1996
QBD
Administrative, Natural Justice
Monopolies and Mergers Commission decisions are to be judged on an test of whether they comply with natural justice and not as to whether only they are Wednesbury unreasonable.
Regina v Secretary of State for Home Department ex parte Mohammed Fayed Times, 18 November 1996; [1996] EWCA Civ 946; [1998] 1 WLR 763; [1997] INLR 137; [1997] 1 All ER 228; [1997] COD 205
13 Nov 1996
CA
Woolf LJ MR
Immigration, Constitutional, Natural Justice, Judicial Review
The nature of the Secretary of State's objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated 'fishing expeditons' by those seeking a judicial review.
Woolf LJ MR said: "on an application for judicial review there is usually no [disclosure] because [disclosure] should be unnecessary because it is the obligation of the [defendant] public body in its evidence to make fresh disclosure to the court of the decision-making process."
British Nationality Act 1981 44(2)
1 Citers
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