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: 1998 To: 1998
This page lists 12 cases, and was prepared on 02 April 2018.
Kartinyeri v Commonwealth of Australia (1998) 156 ALR 300
1998
Commonwealth, Natural Justice
(Australia) Objection was taken to the participation of a judge in a High Court decision on the constitutionality of a Commonwealth statute, on the basis that the judge, as counsel, had given an opinion on the point. The judge concluded that he should not disqualify himself: "I do not think that the expression of an opinion as to a legal matter, whether as a practising lawyer or as a judge on a prior occasion, will ordinarily of itself give rise to a reasonable apprehension of bias according to the relevant test. Mason J in the passage I have already quoted [Re JRL; Ex p CJL (1986) 161 CLR 342, 352] points out that the making of a previous decision by a judge on issues of fact and law, although perhaps generating an expectation of a particular outcome, does not mean that the judge will not be impartial and unprejudiced in the relevant sense." and "Some members of this court have come to it directly from a career in politics and in government. Inevitably, in Cabinet and in the Party room, they must have had a very close association with members of the government whose legislation they have had from time to time to interpret. Sometimes the legislation may be in implementation of long-standing policy to which the former politician has subscribed and has perhaps even advocated. A particular association of itself, and even a current, proper one which observes the punctiliousness required in respect of a case and issues actually before, or which may be before, the court should not ordinarily give rise to a reasonable apprehension of bias." and "My position is, I think, quite different from that of a person who, before coming to the bench, has been directly involved in the preparation of legislation that has to be construed by the court, and who has taken active steps as principal law officer of the Commonwealth to seek to ensure the passage of a bill and to propound to the Governor-General the Senate's failure to pass it as a basis for a double dissolution. These were some of the circumstances that led Murphy J to stand aside in Victoria v Commonwealth and Connor [(1975) 134 CLR 81]. There were other closely related steps taken by his Honour there when he was the Attorney-General concerning that Act."
1 Citers
Regina v General Medical Council Ex Parte Salvi Times, 24 February 1998
24 Feb 1998
QBD
Natural Justice
Regulatory body need not always give reasons for decisions; unnecessary refusing re-registration after striking off in clear case.
Regina v Criminal Injuries Compensation Authority ex parte Leatherland and Criminal Injuries Compensation Board ex parte Bramall and Criminal Injuries Compensation Panel ex parte Kay [1998] EWHC Admin 406
4 Apr 1998
Admn
Personal Injury, Natural Justice
1 Cites
[ Bailii ]
Regina v A Times, 13 April 1998
13 Apr 1998
CACD
Natural Justice
A judge who had dealt with civil case involving allegations of child abuse, and having found for one side should not thereafter hear criminal case based on same facts. Perception of bias
Regina v Stratford Magistrates Court ex parte Calverley [1998] EWHC Admin 468
29 Apr 1998
Admn
Environment, Magistrates, Natural Justice
Environmental Protection Act 1979 80
[ Bailii ]
Charles Donald Leedham Collins v G Lane, C Cornish and Worcester Norton Sports Club Limited [1998] EWCA Civ 816
12 May 1998
CA
Natural Justice, Company
[ Bailii ]
Secretary of State for Trade and Industry v Baker, Bax, Broadhurst and others [1998] EWCA Civ 943; [1999] 1 WLR 1985; [1999] 1 BCLC 226; [1999] BCC 639; [1999] 1 All ER 311
9 Jun 1998
CA
Swinton Thomas, Waller, Chadwick LJJ
Company, Natural Justice
Application for leave to appeal agaist orders made against the directors of Barings plc following its collapse. The appellants alleged abuse of process and unfairness and double jeopardy. Held: "It is true that the underlying facts of the charges brought by the SFA and the Secretary of State are the same. However, as Lord Justice Chadwick has set out very fully in his judgment, the status, the issues and the consequences of the two sets of proceedings have very important differing features. " The application was dismissed.
Company Directors Disqualification Act 1986
[ Bailii ]
Secretary of State for Trade and Industry v Baker Times, 06 July 1998
6 Jul 1998
CA
Natural Justice
It was necessary to ensure that no-one suffer double jeopardy, being tried twice for the same offences. Acquittal in professional conduct proceedings did not prevent company director disqualification proceedings, similar facts but different nature.
Regina v Macdonald (Inspector of Taxes), ex parte Hutchinson and Co Ltd and Others Times, 06 July 1998
6 Jul 1998
QBD
Natural Justice
Where the tax inspector failed to comply with statutory procedures designed to ensure fairness to the taxpayer, the notices served in the course of that procedure could be set aside.
C v S and Others (Money Laundering: Discovery of Documents; CA 3-Nov-1998 - Times, 05 November 1998; [1998] EWCA Civ 1474; [1999] 2 All ER 343; [1999] 1 WLR 1551
Weeks v Magill and Porter v Magill; CA 5-Nov-1998 - [1998] EWCA Civ 1702
J v Oyston Times, 11 December 1998
11 Dec 1998
QBD
Natural Justice
Although a convicted person could not seek to retry his conviction in a civil court as plaintiff, that could not prevent him from doing so by way of fresh evidence where he was obliged to defend an action and where the evidence was genuinely new.
Civil Evidence Act 1968 11
