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
- Adj required to adhere to the rules of natural justice and in particular the second rule (Audi alterm parten / Considering the opposing side)
- 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
- Decision may not be enforced if parties are not given the opportunity to comment (audi alteram patern)
- 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
- Untitled
- Natural Justice
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