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22 September 2011 / Nicholas Dobson
Issue: 7482 / Categories: Features , Public
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A fair ride?

Nicholas Dobson rides the rollercoaster of public authority fairness

Parents and public authorities, although often at variance, do have something in common. Those aggrieved by their decisions are likely to cry (with greater or lesser degrees of sophistication) “It’s not fair!”. And while traditional judicial review may be unavailable in respect of parental decisions on bedtime, it certainly is in respect of unlawful decisions of governmental authorities.

And (by way of long evolution from the cardinal principles of natural justice) such authorities are expected to take decisions fairly. These principles are that no-one is to be a judge in their own cause (demotically, nemo iudex in causa sua) and the obligation to afford the parties a fair opportunity of presenting their respective views on the matters in issue (audi alteram partem—hear the other side).

The law of public authority fairness is part of an extensive suite of principles applied by the courts when supervising the decisions of public authorities to avoid potential abuse of power. These include Wednesbury reasonableness, the fiduciary duty, adherence to proper statutory purpose and human rights and equalities compliance. Fairness

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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