New material submitted late

  • Created by: olispence
  • Created on: 04-01-20 21:05
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  • PBQ2 - New material submitted late
    • Natural Justice
      • Adj required to adhere to the rules of natural justice and in particular the second rule (Audi alterm parten / Considering the opposing side)
        • London & Amsterdam v Waterman - Substantial or relevant evidence cannot be rejected solely on the basis that it is late
        • Balfour v Modus /    CJP v William Very -  Failure to consider material evidence represents grounds for a decision not to be enforced
        • Humes v Charlotte Homes - Not considering new material will not always result in a breach of natural justice
    • Opportunity to comment
      • Decision may not be enforced if parties are not given the opportunity to comment (audi alteram patern)
        • Cantillion v Urvasco
        • Balfour v Lambeth
        • Costain v Strathclyde
      • If opportunity is given for comment it will hold as a valid defence
        • Try v Eton House
    • Most appropriate way forward
      • 1. request an extension so as to allow the new material and a response to be considered
      • 2. assess the information to establish if you believe it is material and significant
        • if yes, and no extension - resign
        • If no - and no extension - do  not consider the new material and produce decision
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