JR Cases, Procedural Impropriety Flashcards
Moss’ Empire Ltd v Assessor for Glasgow (1917)
• Petitioner not informed that he could appeal decision
o -> This was enough to render the decision procedurally improper
Walsh v Secretary of State for Scotland (1990)
Legitimate Expectations
• Legitimate expectation to be released from prison on the originally appointed date of release
Rooney v Chief Constable (1997)
Legitimate Expectations
• A legitimate expectation that procedural guidelines issued by the Secretary of State would be followed
ex parte Pinochet (No 2) (2000)
Rules against bias
• Actual bias: judge is a party to litigation or has an interest in the outcome
Porter v Magill (2002)
Rules against bias
Potential/apparant bias
• Sets out test for possible disqualification
o “The question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”
Lockabail (UK) Ltd v Bayfield Properties Ltd (2000)
Rules against bias
• Sets out factors that will not lead to potential bias
• “Everything will depend on the facts…we cannot, however, conceive of circumstances in which an objection could be soundly based on the religion, ethnic or national origin, gender, age, class, means or sexual orientation of the judge. Nor, at any rate ordinarily, could an objection be soundly based on the judge’s social or educational or service or employment background or history, nor that of any member of the judge’s family; or previous political associations; or membership of social or sporting or charitable bodies; or Masonic associations…or extra-curricular utterances…or previous receipt of instructions to act for or against any party…”
Irvine v Royal Burgess Golfing Society of Edinburgh (2004)
Natural justice and fairness
o ** remember, in Scotland JR works for both public AND private bodies
o Man suspended, then dismissed from club after playing drunk
• Not given a fair turn to give his side of the story
• Held to be procedurally improper
