Procedural Fairness Flashcards
What does Article 6 of the ECHR provide?
Everyone has the right to a fair and public hearing
What was established in the case of Cooper v Wandsworth Board of Works?
FACTS- Pursuant to relevant statutory provisions, Coopers house was pulled down for not giving notice of its construction. Cooper sued in trespass
OUTCOME- Althoough relevant material was followed, Cooper still one as he had a duty to be heard beforehand. This is founded on the ‘plainest principles of justice’
What case shifted language away from ‘natural justice’ to ‘procedural fairness’?
Nagle v Fielden, Lord Denning said when departing from judicial decisions the word ‘justice’ is harder to use and ‘fairness’ is a more suitable approach
What happened in the case of Osborn v Parole Board?
FACTS- O was denied parole from prison by a paper panel. He requested an oral hearing, which was denied. O argued he was entitled to an oral hearing under Art.5(4) ECHR
OUTCOME- O was entitled to an oral hearing. Emphasis was placed on the fact that decisions that are procedurally fair are in turn better ones
