Terluk v Berezovsky: CA 25 Nov 2010

Sedley LJ considered the position faced by an appellate court on a complaint of unfairness by a lower court, saying: ‘We would add that the question whether a procedural decision was fair does not involve a premise that in any given forensic situation only one outcome is ever fair. Without reverting to the notion of a broad discretionary highway one can recognise that there may be more than one genuinely fair solution to a difficulty. As Lord Widgery CJ indicated in Bullen, it is where it can say with confidence that the course taken was not fair that an appellate or reviewing court should intervene. Put another way, the question is whether the decision was a fair one, not whether it was ‘the’ fair one.’
Mummery, Sedley LJJ
[2010] EWCA Civ 1345
Bailii
England and Wales
Cited by:
CitedOgunbiyi, Regina (on The Application of) v Southend County Court and Another Admn 19-Mar-2015
Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase . .

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Updated: 02 March 2021; Ref: scu.426707