Procedural Impropriety Flashcards
Procedural Impropriety- Three Rules of Natural Justice
I. General duty for decision maker to act fairly
II. No condemnation without hearing. Audi alteram partem.
III. No man to be a judge in his own cause. Nemo judex causa sua. No bias. (personal interest bias, institutional interest bias, direct vs apparent bias).
Article 6 ECHR
Right to reasons is part of article 6. Right to a fair trial.
ex party Huddleston [1986]
Court said that a public body should give a full explanation. What counts as full explanation varies in case to case.
For benefit of citizen but also helps court tell whether the decision was lawful.
Doody v Secretary of State for the Home Department [1994]
Court says there is no common law duty to give reasons. But do need to question whether the refusal to give reasons is lawful or not.
Key issue is one of fairness. Reasons must be given when fairness requires it, but the reasons are not required in all cases.
Ridge v Baldwin
Right to be heard and right to know the opposing case.
Dismissal for reasons of misconduct.
ex p Anderson [1991]
Breach of natural justice because no oral hearing. Army board had an inflexible policy never to grant an oral hearing, court held that this decision was ultra vires.
Although there is no natural right to an oral hearing.
ex p Terrant [1985]
Breach of natural justice where the claimants were denied legal representation by the Board of Prison Visitors.
No right to legal representation , but if it is denied needs a reason. Board’s failure to consider whether should be permitted was ultra vires.
Institute of Dental Surgery
ex p Benaim and Khaida [1970]
Reasons not required because decision was based on academic judgement.
Application for gaming license was withheld. The board’s decision to not disclose confidential information from anonymous sources was upheld.
Bancoult
No general right to cross-examine, but in specific circumstances, based on fairness, one should be allowed to.
Pinochet
Bias.
Lord Hoffmann failed to disclose his links with amnesty international.
Direct bias.
R v Gough
Bias.
Member of the jury was a neighbour to his brother so appealed.
Apparent bias.
