swarb.co.uk - law index
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Natural Justice - From: 2004 To: 2004
This page lists 3 cases, and was prepared on 02 April 2018.
Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel [2004] EWHC 779 (Admin)
7 Apr 2004
Admn
Mr Justice Richards
Planning, Local Government, Natural Justice
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council's Conservation Advisory Group which had held a meeting before the Planning Committee's meeting in which the forthcoming applications had been considered and voted on. This was said to give rise to an appearance of bias. Held: The challenge succeeded. The court applied the Porter v Magill test of apparent bias widely: " I therefore take the view that in considering the question of apparent bias in accordance with the test in Porter v Magill, it is necessary to look beyond pecuniary or personal interests and to consider in addition whether, from the point of view of the fair-minded and informed observer, there was a real possibility that the planning committee or some of its members were biased in the sense of approaching the decision with a closed mind and without impartial consideration of all relevant planning issues. That is a question to be approached with appropriate caution, since it is important not to apply the test in a way that will render local authority decision-making impossible or unduly difficult. I do not consider, however, that the circumstances of local authority decision-making are such as to exclude the broader application of the test altogether." and " I take the view, though not without a degree of hesitation, that a fair-minded and informed observer would conclude that there was a real possibility of bias, in the sense of the decisions being approached with closed minds and without impartial consideration of all the planning issues, as a result of the support expressed by the CAG being carried over into support for the application in the context of the planning committee's decisions.
The fact that one of those with dual membership had received no training in planning matters reinforces that concern. So does the fact that all three of those with dual membership who had attended the CAG meeting on 27 May voted in favour of the applications."
1 Citers
[ Bailii ]
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418; Times, 08 November 2004; [2004] EWCA Civ 1535; [2005] BLR 1
28 Oct 2004
CA
Kennedy LJ, Chadwick LJ, Dyson LJ
Construction, Arbitration, Natural Justice
Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract. Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge in court. However, since the appointment itself was invalid, the decision was not open to challenge on this basis. The decision of an adjudicator as to his own standing was of no effect, and therefore a party was not affected by his decision.
Housing Grants, Construction and Regeneration Act 1996
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Tom Flaherty v National Greyhound Racing Club Limited [2004] EWHC 2838 (Ch)
8 Dec 2004
ChD
The Hon Mr Justice Evans-Lombe
Contract, Natural Justice
The claimant alleged that his case had been dealt with unjustly and in breach of natural justice by the respondents.
1 Citers
[ Bailii ]
