audi alteram partem

Question 1

audi alteram partem?

Answer 1

principle of natural justice-orgin in common law
ground for judicial review= requirement to hear the other side
approved by Hardiman J - in
Dellway Investments v NAMA 2011

Question 2

sources of fair procedures?

Answer 2

1) constitution - article 40.3.2
Re Haughey- Sc stated- constitutional justice linked to fair procedures

Re Haughey: FACTS
accused- funds transferred to Irish rec cross
denied opportunity to cross examine his accuser
held- violated constitutional right to fair procedures

2) echr Act 2003

Question 3

Fundamental obligations of Right to be heard?

Answer 3

1) prior NOTICE- must be given

2) must be given OPPORTUNITY-for submissions @ preliminary stage

Question 4

mixed views of sc about constitutional aspect of fair procedures principle

Answer 4

However, Hardiman J’s view supported in cases Post-Dellway investments v Nama 2011
EVIDENT IN - AL v Minister for Justice 2014
(Barr j- stated- Dellway –is the authority for proposition that there is a constitutional right to fair procedures)

Question 5

ELEMENTS of Fair hearing?

Answer 5

Barron J stated them in——
State (murphy) v Kielt
1) evidence -from which it is fair to hold in favour of allegation
2) Notification to applicant- to allow him prepare a case
3) time for applicant to prepare a defence
4) opportunity to make that defence

Question 6

ASPECTS of fair procedures

Answer 6

1) right to NOTICE of admin action
2) right to KNOW case against you
3) right to LEGAL REPRESENTATION
4) OPPORTUNITY to make that defence

Question 7

1) right to have NOTICE of admin action

Answer 7

Garvey v Ireland

• commissioner of an Garda siochana-removed from office-
  removal invalid - not given notice or opportunity

Question 8

2) right to know case against you

Answer 8

Flanagan v UCD

• Barron j- applicant should have received in writing — details of precise charge
  and facts of alleged offence

Beirne v Commissioner of An Garda Siochana
- trainee garda dismissed- alleged misbehaviour on outing
- sc- dismissal procedure unfair
- not given appropriate opportunity to challenge allegations
—- stop administrators —- using unfair procedures

Question 9

Right to legal representation

Answer 9

Steel & Morris v UK

-ECTHR— held that- failure to provide legal aid- to 2 defendants in civil case— infringed right of access to a court— article 6—