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: 2001 To: 2001
This page lists 9 cases, and was prepared on 02 April 2018.
Regina v Henworth Times, 30 January 2001
30 Jan 2001
CACD
Criminal Practice, Natural Justice
There is no rule of law to say that a third trial taken as far as a jury decision was an abuse of process. Dicta that that was the case were obiter. The question of whether there was oppression was to be decided on the facts of each case.
1 Cites
1 Citers
Stevens v School of Oriental and African Studies and others; ChD 2-Feb-2001 - Times, 02 February 2001
Regina v Craven; CACD 2-Feb-2001 - Times, 02 February 2001
Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally Times, 23 March 2001; Gazette, 11 May 2001; [2001] EWCA Civ 332
12 Mar 2001
CA
Education, Administrative, Natural Justice
Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to ask the representative to withdraw in certain circumstances. There was no advice he could give to the panel members which would not better have been given in the presence of the teacher. The decision to exclude the representative was not unreasonable.
Education Act 1996 496 97
[ Bailii ]
Austin Hall Building Ltd v Buckland Securities Ltd [2001] EWHC Technology 434
11 Apr 2001
TCC
Arbitration, Natural Justice
[ Bailii ]
Regina v Craven Gazette, 12 April 2001
12 Apr 2001
CACD
Criminal Practice, Natural Justice
In appropriate cases, a defect in the trial which made that trial unfair, could be remedied on appeal by that court considering all the evidence available to it. It was recognised that this would trespass on the responsibilities of the jury, but if the court considered that, in the light of all the evidence including evidence previously excluded, the verdict was correct, then the court should let the decision stand. The defects in this case were not sufficient to justify the verdict being set aside, and DNA evidence which had been obtained subsequently only confirmed it.
Criminal Appeal Act 1968
Panton and Panton v The Minister of Finance and the Attorney General; PC 12-Jul-2001 - [2001] UKPC 33
Diane Modahl v British Athletic Federation Gazette, 08 November 2001; [2001] EWCA Civ 1447; [2002] 1 WLR 1192
12 Oct 2001
CA
Lord Justice Mance Lord Justice Latham And Lord Justice Jonathan Parker
Natural Justice, Contract
The claimant had been banned from competing as an athlete after failing a drugs test which she said was faulty. Her appeal was upheld, but she claimed damages for breach of contract in failing to provide an unbiased hearing. She appealed dismissal of her action. Held: Though there was no written contract between her and the defendant, they had accepted an obligation to appoint a panel in accordance with their rules. They were not however liable for any breach of the rules of natural justice by individual panel members because they had provided the appeal.
1 Citers
[ Bailii ]
Porter and Weeks v Magill; HL 13-Dec-2001 - Times, 13 December 2001; [2001] UKHL 67; [2002] 2 WLR 37; [2002] 2 AC 357; [2002] 1 All ER 465; [2001] NPC 184; [2002] HRLR 16; [2002] BLGR 51; FA 4