Procedural Impropriety

Procedural Impropriety
● A failure on the part of a public authority to act in accordance

with the requirements of procedural fairness and in compliance
with the common-law rules of natural justice.
● “Procedural impropriety is another ground which means and
includes failure of authority to observe basis rules of natural
justice or failure to act with procedural fairness towards the
person who will be affected by the decision".
Procedural Ground; Procedural Impropriety
Failing to comply with Breach of Natural justice

mandatory procedures
Procedural Impropriety Under Statutes
Failure to comply with procedures laid down by statute
may invalidate a decision.
London and Clydesdale Estates Ltd v Aberdeen
District Council (1979): House of Lords emphasised
the inherent vagueness in the distinction and stressed
that the court would not draw a hard and fast line: It
is all a matter of degree and the particular
circumstances of the case must be examined
Bradbury v Enfield London Borough Council (1967):
Provision on Education Act (1944): If a local authority intends to
establish new school or cease to maintain existing schools, notice
must be given to Minister.
Breached the Requirement and
Legitimate
Rule of
Expectations?
?
Law??
plaintiff sought an
injunction
Consultation
Berkeley v Secretary of State for the Environment (2000) :
Decision:
The planning application had been
referred to the Secretary of State, who
had appointed an inspector. A public
Fulham Football Club hearing had been held, at which the
applicant had been heard and at which
the environmental impact of the
proposed development had been fully
considered.
Indictment
The jury can only try one indictment at a time. Once this
indictment has been prepared it must be signed by an officer of the
Crown Court in accordance with s 2(1) of the Administration of
Justice (Miscellaneous Provisions) Act 1933. If there is no signature,
any conviction flowing from the indictment will be nullified.
Natural justice consists of 3 rules:
● “Hearing rule” which states that the person or party who is
affected by the decision made by the panel of expert members
should be given a fair opportunity to express his point of view
to defend himself.(Audi Alteram Partem; Hear the other
party)
● “Bias rule” generally expresses that panel of expert should be
biased free while taking the decision. The decision should be
given in a free and fair manner which can fulfil the rule of
natural justice. Both financial or personal interest in a case
may disqualify a person from adjudicating.(Nemo Judex In
Causa Sua; No one should be judge in his/her own
cause)
● “Reasoned Decision” which states that order, decision or
judgement of the court given by the Presiding authorities
with a valid and reasonable ground.
Article 6 of ECHR: Fair and public hearing within a reasonable time
by an independent and impartial tribunal established by law.
What constitute fair hearing??
(a) the right to be given notification of a hearing;
(b) the right to be given indications of any adverse evidence;
(c) the right to be given an opportunity to respond to the
evidence;
(d) the right to an oral hearing;
(e) the right to legal representation at a hearing;
(f) the right to question witnesses
R v Gough (1993): (Case to check biasness aka Gough Test);
● ‘reasonable suspicion’ test =Terry v. Ohio(1968) , Probable
Cause > Reasonable Suspicion, and
● ‘real likelihood’ test = test for likelihood of bias is whether a
reasonable person in possession of relevant information, would
have thought that bias was likely and whether the authority
concerned was likely to disposed to decide a matter in a
particular manner.
References:
1. Hilarie Barnett Book (Constitutional and Administrative Law)
2. Procedural Impropriety: https://www.oxfordreference.com/
https://www.lawinsider.com/dictionary/procedural-impropriety
3. Audi Alteram Partem:
https://www.legalserviceindia.com/legal/article-46-audi-alteram
-partem
4. Reasonable Suspicion:
https://www.coryfullerlaw.com/san-jose-attorney/
5. Biasness:
https://www.legalserviceindia.com/article/l28-Nemo-in-propria-

Procedural Impropriety

Uploaded by

Copyright:

Available Formats

Procedural Impropriety

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Procedural Impropriety

Uploaded by

Copyright:

Available Formats

Procedural Impropriety

● A failure on the part of a public authority to act in accordance

Failing to comply with Breach of Natural justice

Breached the Requirement and

Berkeley v Secretary of State for the Environment (2000) :

You might also like