In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
Fidelma Nora Macken SC is a retired Irish judge who served as a Judge of the Supreme Court from 2005 to 2012, a Judge of the High Court from 1998 to 1999 and between 2004 and 2005 and a Judge of the European Court of Justice from 1999 to 2004.
Christopher Palles, was an Irish barrister, Solicitor-General, Attorney-General and a judge for over 40 years. His biographer V.T.H. Delany describes him as "the greatest of the Irish judges". He served as the last Lord Chief Baron of the Exchequer from 1874 until his retirement from the bench in 1916.
Sir Stephen Sedley is a British lawyer. He worked as a judge of the Court of Appeal of England and Wales from 1999 to 2011 and is currently a visiting professor at the University of Oxford.
Bias is one of the grounds of judicial review in Singapore administrative law which a person can rely upon to challenge the judgment of a court or tribunal, or a public authority's action or decision. There are three forms of bias, namely, actual, imputed and apparent bias.
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality. A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.
Re Shankar Alan s/o Anant Kulkarni was a 2006 administrative law judgment in which the High Court of Singapore quashed a decision made by the Disciplinary Committee of the Law Society of Singapore against a lawyer, Alan Shankar s/o Anant Kulkarni. The Disciplinary Committee had found Shankar, who was a solicitor, guilty of grossly improper misconduct under the Legal Profession Act. Shankar applied to the High Court for judicial review on the ground that the Committee's ruling was affected by apparent bias.
Iseult Pauline Mary O'Malley is an Irish judge who has served as a Judge of the Supreme Court of Ireland since October 2015. She previously served as a Judge of the High Court from 2012 to 2015.
Mary Irvine is an Irish judge who is the President of the Irish High Court, the first woman appointed to that role. She first was a Judge of the High Court between 2007 to 2014. She was a Judge of the Court of Appeal from 2014 to 2019 and served as a Judge of the Supreme Court of Ireland from May 2019 until becoming President of the High Court on 18 June 2020. She is an ex officio member of the Supreme Court and the Court of Appeal.
R v SS for Environment, Transport and the Regions [2001] UKHL 23 is a UK constitutional law case, concerning judicial review.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights. While the case concerned an application for judicial review of an asylum decision, the decision was described as carrying “implications for the whole body of Irish administrative law”.
Dekra Eireann Teo v Minister of Environment, [2003] 2 IR 270; [2003] 2 ILRM 210; [2003] IESC 25 is an Irish Supreme Court case in which it was decided that the earliest opportunity to apply for a review of a decision made by the court arises within the three-month period after the decision is made, and that courts have no power to extend that time. The Court held that a key feature of both European law and court rules is the policy of urgency.
Bank of Ireland v O'Donnell & ors[2015] IESC 90 is an Irish Supreme Court case that centred around whether the appellants had any right or capacity to bring a motion before the court. They wanted to seek an order of a stay on Mr Justice McGovern's order dated 24 July 2014. In their appeal, they referred to the principle of objective bias and Mr Justice McGovern's refusal to recuse himself. The Supreme Court rejected the application for a stay and held that the law regarding objective bias was clearly stated in the lower court.
N.V.H. v Minister for Justice & Equality [2017] IESC 35 was an Irish Supreme Court case in which the Court upheld a challenge to the absolute prohibition on employment of asylum seekers contained in Section 9(4) of the Refugee Act 1996 and held it to be contrary to the constitutional right to seek employment.
Director of Corporate Enforcement v Barry Seymour[2011] IESC 45; [2013] 1 IR 82, was an Irish Supreme Court case in which the Court ruled that commercial misjudgement was not in itself sufficient to justify disqualification as a company director under the Companies Act 1990.
SIAC Construction Ltd v The County Council of the County of Mayo [2002] IESC 39, [2002] 3 IR 148 was a case in which the Supreme Court of Ireland ruled that, in exercising its margin of discretion in the area of public procurement, a tender awarding authority is required to respect the general principles of equality, transparency and objectivity.
Z. v Minister for Justice, Equality and Law Reform[2002] IESC 14, [2002]; 2 ILRM 215 is an Irish Supreme Court case where the Court ruled that the absence of an oral hearing need not infringe the right of an applicant for refugee status to natural and constitutional justice.
Gerald J.P. Stephens v. Paul Flynn Ltd.[2008] IESC 4; [2008] 4 IR 31 was an Irish Supreme Court case in which the Court ruled that, absent special circumstances, a party's failure to deliver a statement of claim within a period of twenty months is inexcusable and will justify dismissal of the litigation.
Bula Ltd v Tara Mines Ltd [2000] IESC 15; [2000] 4 IR 412 is a reported Irish Supreme Court case in which the court considered the test for objective bias in Ireland. During this case the Supreme Court considered:
- whether Supreme Court has jurisdiction to set aside its own previous order;
- whether an appellant must show real likelihood of bias or whether reasonable apprehension of bias suffices; and
- whether a prior relationship of legal advisor and client would disqualify a judge.
Sir Michael John Fordham,, styled The Hon. Mr Justice Fordham, is a judge of the High Court of England and Wales assigned to the Queen's Bench Division. He was appointed as a Justice of the High Court on 13 January 2020.
