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Natural justice – Duty to act fairly. The claimants sought judicial review of the decision of the recorder of the defendant county court, finding them parties to fraud in a case in which they were not parties. The Divisional Court, in allowing the application, held that the claimants should have applied to be joined to the proceedings and for the judgment to be altered. If refused, they could have advanced the same objections by way of an appeal. However, the court had jurisdiction and would not refuse to hear the claims because of a theoretical alternative remedy. The recorder had behaved unfairly in having found the claimants had been involved in fraud and dishonesty.
Natural justice – Duty to act fairly. The claimants sought judicial review of the decision of the recorder of the defendant county court, finding them parties to fraud in a case in which they were not parties. The Divisional Court, in allowing the application, held that the claimants should have applied to be joined to the proceedings and for the judgment to be altered. If refused, they could have advanced the same objections by way of an appeal. However, the court had jurisdiction and would not refuse to hear the claims because of a theoretical alternative remedy. The recorder had behaved unfairly in having found the claimants had been involved in fraud and dishonesty.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
As the international community strives towards a more inclusive future, ongoing dialogue and reform will be essential to harmonise the Convention on the Rights of Persons with Disabilities with the complex realities of disability, says Christina Warner
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty