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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: 1999 To: 1999

This page lists 16 cases, and was prepared on 02 April 2018.


 
 Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2); HL 15-Jan-1999 - Times, 18 January 1999; Gazette, 10 February 1999; [1999] UKHL 1; [2000] 1 AC 119; [1999] 1 All ER 577; [1999] 2 WLR 272; 6 BHRC 1; [1999] NLJR 88; [1999] UKHL 52

 
 Regina v Mullen (Nicholas Robert Neil); CACD 4-Feb-1999 - Times, 15 February 1999; [2000] QB 520; [1999] EWCA Crim 278; [1999] 2 CAR 143
 
Lawal v Northern Spirit Ltd [1999] UKEAT 1170_98_1502
15 Feb 1999
EAT
Charles J
Employment, Natural Justice
The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing. Held: The appeal should be allowed to go ahead.
Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 7(9) 11
1 Citers

[ Bailii ]

 
 Flannery and Flannery v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services; CA 18-Feb-1999 - Times, 04 March 1999; Gazette, 31 March 1999; [1999] EWCA Civ 811; [2000] 1 All ER 373; [2000] 1 WLR 377; (1999) 11 Admin LR 465; [1999] BLR 107; [2000] CP Rep 18; (1999) 15 Const LJ 313

 
 Dr Marta Stefan v The General Medical Council; PC 8-Mar-1999 - Times, 11 March 1999; (Appeal No 16 of 1998); [1999] UKPC 10

 
 Regina v Criminal Injuries Compensation Board Ex Parte A; HL 11-Mar-1999 - Times, 26 March 1999; Gazette, 28 April 1999; [1999] UKHL 21; [1999] 2 AC 330; [1999] 2 WLR 974; [1999] QB 659
 
Clenae Pty Ltd and Others v Australia and New Zealand Banking Group Ltd [1999] VSCA 35; [1999] 2 VR 573
9 Apr 1999

Charles JA, Winneke P
Natural Justice
(Supreme Court of Victoria) The court considered the issue of bias in a judge where he held shares in a company in the trial before him. Held: The outcome of the litigation could not have realistically affected his judgment. He held a small number of shares in a large company. Charles JA said: "If there is a separate rule for automatic disqualification for financial interest, unrelated to a reasonable apprehension of bias, in my view the irrebuttable presumption of bias only arises (subject to questions of waiver or necessity) where the judicial officer has a direct pecuniary interest in the outcome of the proceeding."
Winnecke J said: "I agree with Charles JA that authority which binds this Court does not compel us to conclude that it is the mere shareholding by a judicial officer ("judge") in a party which, alone, constitutes the "disqualifying pecuniary interest", but rather it is the potential interest, created by that shareholding, in the subject matter or outcome of the litigation which is the disqualifying factor."
1 Citers

[ Austlii ]
 
Locabail (UK) Ltd v Bayfield Properties Ltd and Another; Locabail (UK) Ltd and Another v Waldorf Investment Corporation and others (No 2) Times, 18 May 1999
18 May 1999
ChD

Legal Professions, Natural Justice
A solicitor sitting as a judge was not obliged to disqualify himself even though his firm might not have been able to act for one of the parties to the case, unless a reasonable third party might properly think that he could not be impartial.
1 Citers


 
Regina v RAF General Court-Martial and Another, ex parte Wright Times, 01 July 1999
1 Jul 1999
QBD

Natural Justice, Armed Forces, Criminal Practice
It is not an abuse of process for the same officer to make recommendations to higher officers on whether charges should be referred to higher authority or dismissed, and also eventually to make the actual decision on whether a prosecution should proceed. The dual role of such officers did not offend against natural justice.


 
 Powell v Chief Constable of North Wales Constabulary; CA 20-Aug-1999 - Times, 11 February 2000; [1999] EWCA Civ 2097
 
Regina v Governors of Dunraven School, Ex Parte B (A Child) Times, 10 November 1999
24 Sep 1999
QBD
Nigel Pleming QC
Natural Justice, Education
The school investigated allegations of theft and expelled the child. The independent appela panel rejected the appeal. The child's parents sought a judicial review because of the way the investigation had been handled. Held: A school enquiring into allegations of dishonesty by a pupil and which lead to the child's expulsion, had a duty to conduct such an enquiry with a high standard of fairness. The child should have been interviewed alone. Nevertheless, it was inappropriate to judge such actions by reference to the principles or rules which would apply to a police investigation under PACE. The allegations had been investigated and the conclusions drawn could be justified on the facts ascertained.
1 Cites

1 Citers


 
Lawal v Northern Spirit Ltd EAT/1170/98; EAT/1171/98; [1999] UKEAT 1170_98_0610
6 Oct 1999
EAT
The Honourable Mr Justice Lindsay (President)
Employment, Human Rights, Natural Justice
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal. Held: There was no real possibility of bias from this scenario. The tribunal had to be independent and impartial, but mere generalised allegations of pre-disposition to favour one party were insufficient to create any legitimate doubt as to impartiality. The assertion was that there was a risk that a lay member might be subconsciously influenced by the previous professional relationship. For something as insidious and diverse as bias, it was not reasonable to demand an authority on all fours before finding a breach of article 6, but the lay members were carefully chosen. The requirements of article 6 differed only slightly from those long required by common law.
EAT Procedural Issues - Employment Appeal Tribunal
European Convention on Human Rights 1953 (1953 Cmd 8969) - Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 7(9) 11
1 Cites

1 Citers

[ Bailii ] - [ EATn ]

 
 Arrow Nominees Inc, Blackledge v Blackledge; ChD 2-Nov-1999 - Times, 08 December 1999; [1999] EWCA 198; [2000] BCLC 187
 
Starrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow v Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs v Ruxton, Ruxton v Starrs Times, 17 November 1999; 2000 JC 208; [1999] ScotHC 242; [2000] HRLR 191
11 Nov 1999
ScHC
Lord Justice Clerk and Lord Prosser
Human Rights, Administrative, Natural Justice, Scotland
The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the right to a fair trial by an independent judiciary. There was no open protocol for making such decisions. Unconscious fears of influence in a judge's mind could be enough.
Lord Prosser referred to the temporary nature of the appointment of Sherriffs: "But I am inclined to see independence – the need for a judge not to be dependent on others – as an additional substantive requirement, rather than simply a means of achieving impartiality or a perception of impartiality. Independence will guarantee not only that the judge is disinterested in relation to the parties and the cause, but also that in fulfilling his judicial function, generally as well as individual cases, he is and can be seen to be free of links with others (whether in the executive, or indeed the judiciary, or in outside life) which might, or might be thought to, affect his assessment of the matters entrusted to him."
European Convention on Human Rights Art 6
1 Citers

[ Bailii ] - [ ScotC ]

 
 Locabail (UK) Ltd, Regina v Bayfield Properties Ltd; CA 17-Nov-1999 - [2000] QB 451; [2000] IRLR 96; [2000] 1 All ER 64; [1999] EWCA Civ 3004; [2000] HRLR 290; [2000] 2 WLR 870; 7 BHRC 583; [2000] UKHRR 300

 
 Regina v Governors of Dunraven School Ex Parte B; CA 21-Dec-1999 - Gazette, 27 January 2000; Times, 03 February 2000; [2000] ELR 156
 
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