Procedural Impropriety

Question 1

what is procedural impropriety?

Answer 1

• following wrong process, so not adhering to principles of justice (ie: fairness and rules against bias)
• GCHQ per Lord Diplock, p.411: “the failure to observe basic rules of natural justice or failure to act with
  procedural fairness.

Question 2

Lord diplock on procedural impropriety

Answer 2

GCHQ per Lord Diplock, p.411: “the failure to observe basic rules of natural justice or failure to act with
procedural fairness.

Question 3

Case on decision makers following required procedure

Answer 3

• greenpeace bs ssti 2007
• coughlan 2001
  -agricultural horticultural and forestry industry training board 1972
  gunning 1985

Question 4

decision makers should adhere to principles of natural justice

Answer 4

• bridge v baldwin 1964

-

Question 5

lord reid in bridge v baldwin

Answer 5

• lord reid: Although there exists no clear definition of the principle of natural justice, it cannot be said for this reason that ‘therefore it does not exist’: [65]
• lord reid: Since the decision to dismiss the appellant was made ‘without regard to the principles of natural justice’, it is therefore void : [80]

Question 6

lord hudson ridge v baldwin 1964

Answer 6

There are 3 features of natural justice (at p. 132B):
1. Right to be heard by an unbiased tribunal
2. Right to have notice of charges of misconduct
3. Right to be heard in answer to those charges

Question 7

old test for bias

Answer 7

r v gough 1993

Question 8

gough test for bias

Answer 8

• Lord Goff - The first test was whether there was a real danger of bias and second was whether a reasonable person might reasonably suspect bias.
• Juror was the next-door neighbour of the defendant’s brother. After conviction and sentencing, this became known and formed the basis of an appeal on the grounds of jury bias. The Court of Appeal applied the test of whether there was a “real danger of bias,” and found that there was not. The House of Lords agreed, and confirmed the test

Question 9

new test/amended: porter v magill 2001

Answer 9

• “whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased” (Lord Hope)

Question 10

examples of bias:

Answer 10

Financial: Dimes v Grand Junction Canal (1852) 2 HLC 759
· Other: R v Bow Street Metropolitan Stipendiary Magistrate ex parte Pinochet Ungar (No.2) [1999] 1 All ER 577
Fair hearings
- Ridge v Baldwin [1964] AC 40: There had been a breach of natural justice in this instance, as the appellant should have been informed of the charges made against him and should have been given the opportunity to be heard