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: 2002 To: 2002
This page lists 9 cases, and was prepared on 02 April 2018.
Berg v IML London Ltd; 2002 - [2002] 1 WLR 3271; [2002] All ER (D) 46; [2002] 4 All ER 87
London Borough of Ealing and others v Jan [2002] EWCA Civ 329
7 Feb 2002
CA
Health, Natural Justice
1 Citers
[ Bailii ]
Burke v LFOT Pty Ltd 187 ALR 612; [2002] HCA 17
18 Apr 2002
Gaudron ACJ, McHugh, Kirby, Hayne, Callinan JJ
Commonwealth, Damages, Equity, Natural Justice
(High Court of Australia) Trade and commerce - Damages - Equitable contribution - Liability to pay damages under ss 75B, 82, 87 of Trade Practices Act 1974 (Cth) for breach of s 52 of the Act - Whether solicitor who gave negligent advice should contribute to the loss suffered by his client as a consequence of another's misrepresentation which loss could have been avoided by careful advice by the solicitor - Whether equitable maxims prevent requirement of contribution.
Equity - Equitable contribution - Scope of - Requirement of co-ordinate liability - Whether solicitor who gave negligent advice should contribute to loss suffered by client as a consequence of another's representation where the loss could have been avoided by careful advice by the solicitor.
Contribution - Equitable contribution - Scope of and availability - Co-ordinate liability - Requirements of - Whether compatible with the obligations imposed by Trade Practices Act 1974 (Cth) for breach of s 52 of the Act.
Words and phrases - "co-ordinate liability", "natural justice".
1 Citers
[ Austlii ]
Man O'War Station Limited and Huruhe Station Limited v Auckland City Council (formerly Waiheke County Council) and H M Attorney General for New Zealand (Judgment No 1) [2002] UKPC 28
29 May 2002
PC
Commonwealth, Land, Natural Justice
PC (New Zealand) It was unreal to suggest that a prior past professional association between a witness and the judge gave rise to a danger of partiality.
1 Citers
[ PC ] - [ Bailii ]
Parmar and others (trading as Ace Knitwear) v Woods (Inspector of Taxes) Gazette, 11 July 2002
30 May 2002
ChD
Lightman J
Taxes Management, Natural Justice
The taxpayers had been represented by a professional accountant, but incompetently. They sought leave to renew the appeal on the basis that the representation had been poor. Held: The chartered accountant had a statutory right of audience. His fitness and expertise was warranted and assumed. No breach of natural justice had occurred. His incompetence in fact was a matter for his professional body, and a renewed hearing, save in one aspect, was not allowed.
1 Cites
Taylor v Williamsons (a Firm) Times, 09 August 2002; Gazette, 19 September 2002; [2002] EWCA Civ 1380
17 Jul 2002
CA
Lord Justice Ward, Lord Justice Tuckey and Lord Justice Clarke
Litigation Practice, Natural Justice
The judge concluded hearing evidence, and requested counsel to make their submissions before a certain date. Before that date, and forgetful of his request, he issued his judgement. On realizing his mistake, he withdrew his judgment. The claimant appealed his refusal to recuse himself and order a re-trial. Held: This was an unfortunate case, but there was no element of bias, and the judge having corrected his mistake could not be thought to be biased. A fair minded and informed observer would not have seen bias.
1 Cites
[ Bailii ]
Sengupta v Holmes and Others, Lord Chancellor intervening; CA 31-Jul-2002 - Times, 19 August 2002; Gazette, 10 October 2002; [2002] EWCA Civ 1104
Hart v Relentless Records Ltd, Relentless Music Publishing Ltd, Media Village PR Ltd Times, 08 October 2002; [2002] EWHC 1984 (Ch)
4 Oct 2002
ChD
The Hon Mr Justice Jacob
Human Rights, Litigation Practice, Natural Justice
The judge had informally met counsel in the corridor outside court, and advised him of the need to settle the case. The client asked the judge to recuse himself, having compromised his independence and impartiality. Held: Such meetings were a proper part of litigation, and did much to assist avoidance of increased costs. In deciding whether to recuse himself a judge must ask whether a fair, informed and reasonable observer would consider there to be a real risk of bias. Such an observer would not so judge, and he declined to recuse himself.
1 Citers
[ Bailii ]
A v B; EAT 14-Nov-2002 - EAT/1167/01; [2002] UKEAT 1167_01_1411; [2003] IRLR 405