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: 2000 To: 2000
This page lists 16 cases, and was prepared on 02 April 2018.
Ball v Secretary of Satte for the Environment Transport and the Regions and Another Gazette, 27 January 2000
27 Jan 2000
QBD
Planning, Natural Justice, Administrative
The applicant had appealed against an enforcement notice saying that the four year rule applied. The inspector issued his decision after the expiry of a time limit, but after the applicant had requested a further short period in which to make representations. It was held to be unfair to have proceeded without allowing more than a week for representations. B had suffered substantial prejudice for the failure to allow him to make such representations, and the decision was set aside.
Irvani v Irvani Times, 10 February 2000
10 Feb 2000
CA
Arbitration, Natural Justice
An arbitration award should be refused where a party could show that he had not been allowed to present his case properly. The claimant had acted as a litigant in person. The judge hearing the appeal had refused to hear certain aspects of the case, but those aspects revealed cases coming under the heading of making the party 'unable to present his case'. Some of the findings suggested that she had taken into account matters not disclosed to the applicant.
Arbitration Act 1996 103(2)(c)
Mahomed and Another v Morris and Others Gazette, 17 February 2000; Times, 01 March 2000
17 Feb 2000
CA
Natural Justice
An application for leave to appeal was refused on a paper hearing by one judge, but later allowed after oral argument before a different judge. There was no rule which suggested that the first judge should recuse himself from acting on the full appeal. The Practice Direction specifically anticipated such situations. In practice the Lord Justice refusing the appeal on paper should take part in any subsequent oral application.
1 Cites
Seer Technologies Ltd and another v Abbas and another Gazette, 17 February 2000
17 Feb 2000
ChD
Natural Justice
The judge having reserved to himself an enquiry as to damages, the party applied ex parte to another judge to allow the case to be taken out of the judge's list on the grounds that he was Jewish, and had shown himself to be biased in earlier court hearings. The application was refused since it was inconceivable that a proper objection could be based on the religion, ethnic or national origin, gender, age, class or sexual orientation of the judge.
Seer Technologies Ltd and another v Abbas and another Times, 16 March 2000
16 Mar 2000
ChD
Natural Justice
Although no attempt could properly be made to list or limit the circumstances which might give rise to a claim of bias in a judge, it was inconceivable that circumstances might allow a judge's independence to be challenged on the grounds of his religious persuasion or background. The fact that the applicant was an Arab, and that the judge in question and many of the other party's lawyers were Jewish was quite irrelevant.
Krombach v Bamberski; ECFI 30-Mar-2000 - Times, 30 March 2000; Case C-7/98; [2000] EUECJ C-7/98; [2000] ECR I-1935
Nwabueze v General Medical Council Times, 11 April 2000; [2000] UKPC 16; (Appeal No 21 of 1999); [2000] 1 WLR 1760
6 Apr 2000
PC
Lord Hope of Craighead
Health Professions, Human Rights, Natural Justice
Deliberations of the professional conduct committee hearing a case of professional conduct were in the presence of an assessor who gave advice to the committee. After returning from deliberation the assessor described the advice given, and the chairman announced his decision. Held: This infringed the right under article 8 of the doctor to a fair trial since he was not allowed to comment on the advice given. Allegations which were irrelevant to the doctor's practice should be deleted from the charge list presented. As to the lay member's presence on the Professional Conduct Committee of the General Medical Council, Lord Hope of Craighead said: "From this summary it can be seen that Mrs. Walker was and is eminently well qualified to sit on the Professional Conduct Committee as one of its lay members. She brought to that membership an extensive knowledge of the health service in Wales, as a result of having worked there for many years as ~ nurse and midwife and her period of service as director of the South East Wales Institute. It is in the public interest that those who serve as lay members on disciplinary bodies of this kind should be well-informed and have experience of working in the area within which cases are likely to arise on which they may be called upon to adjudicate. It could not possibly be suggested that there was anything in Mrs. Walker's general background that would be likely to give rise to the danger or possibility of bias on her part when she was considering a case from Wales."
Medical Act 1983 - European Convention on Human Rights 8
1 Cites
1 Citers
[ Bailii ] - [ PC ] - [ PC ]
Liewe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Hm Advocate Times, 14 April 2000; [2000] ScotHC 32
14 Apr 2000
HCJ
Lord Justice General and Lady Cosgrove and Lord Sutherland
Natural Justice, Human Rights, Scotland, Crime
A judge, having given judgment in an appeal case involving the application of the convention on Human Rights, wrote and published an article critical of the convention, and of its application in national law. The appeal decision was set aside, since the reality or appearance of objective impartiality which was clearly required by both common law and the convention had been lost. The requirement for impartiality was both objective and subjective.
European Convention on Human Rights
1 Cites
1 Citers
[ Bailii ] - [ ScotC ]
A T and T Corporation and Another v Saudi Cable Co Times, 23 May 2000; [2000] EWCA Civ 154
23 May 2000
CA
Lord Woolf MR, Potter, May LJJ
Arbitration, Natural Justice
The test as to whether an arbitrator should declare an interest before adjudicating is the same as the test for a judge, namely whether there was any real danger that he was biased. The Act allowed a court to investigate whether a breach had occurred. Here the adjudicator had been a director of a company which had failed in a bid for the same contract out which arose the dispute at issue. The consensual nature of arbitration did not require a different test.
Arbitration Act 1996 23 - International Chamber of Commerce Rules of Conciliation and Arbitration 1988
1 Cites
[ Bailii ]
Regina v Chief Constable of Merseyside, Ex Parte Bennion; QBD 18-Jul-2000 - Times, 18 July 2000; Gazette, 27 July 2000
Johnson v Johnson (2000) 201 CLR 488; [2000] 74 ALJR 1380; [2000] 174 ALR 655; [2000] HCA 48
7 Sep 2000
Kirby J
Natural Justice, Commonwealth
(High Court of Australia) When looking to test whether a member of the public would perceive bias in a court, it is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. One is entitled to conclude that such an observer will adopt a balanced approach. "A reasonable member of the public is neither complacent nor unduly sensitive or suspicious."
1 Citers
[ Austlii ]
Neville Lewis, Patrick Taylor and Anthony Mcleod, Christopher Brown, Desmond Taylor and Steve Shaw v the Attorney General of Jamaica and Another Times, 11 October 2000; [2000] UKPC 35; [2001] 2 AC 50
12 Sep 2000
PC
Criminal Sentencing, Natural Justice, Commonwealth, Constitutional
(Jamaica) When the Privy Council considered a petition for mercy by a person sentenced to death, it could not revisit the decision, but could look only at the procedural fairness of the system. The system should allow properly for representations, and the necessary disclosures to be made. Such a petition should be the last step in the process, and should not be complete until other international bodies had considered applications to them. In this case also the extent of delay was sufficient to constitute unusual and inhuman treatment. The constitutional guarantee of "due process of law" and the right to "the protection of the law" are equivalent.
1 Cites
1 Citers
[ Bailii ] - [ PC ]
Regina v Criminal Injuries Compensation Authority, Ex Parte Leatherland; similar; QBD 12-Oct-2000 - Times, 12 October 2000; [2001] ACD 76
In Re Medicaments and Related Classes of Goods (No 2); RPC 17-Nov-2000 - Gazette, 11 January 2001
Regina v Rezvi and David John Milford [2000] EWCA Crim 86
21 Dec 2000
CACD
Crime, Natural Justice
1 Citers
[ Bailii ]
In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association; CA 21-Dec-2000 - Times, 02 February 2001; [2001] ICR 564; [2001] 1 WLR 700; [2000] EWCA Civ 350; [2000] All ER (D) 2425
