This chapter discusses two aspects of employability that can help students stand out from other applicants: commercial awareness and networking. It first explains the meaning of commercial awareness and goes on to provide some practical advice on how to develop it, and then explains why networking is important, giving some pointers on how to start networking and how to make the most of it. The chapter provides a brief introduction to LinkedIn—an online tool for professional networking—and concludes with some practical advice on making the most of law fairs.
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This chapter first examines the various conceptions of procedural fairness. It then underscores the diversity and adaptability of the standards of procedural fairness. It charts the approach of the tribunals and courts to the standards of procedural fairness and analyses the stages of a procedurally fair process. Finally, the chapter probes the remedies available in the case of a successful unfair dismissal, including the calculation of the basic award, the measure of compensation payable in the case of the compensatory award, and the orders of reinstatement and re-engagement. The chapter concludes with an overall assessment of the efficacy of the statutory unfair dismissal regime.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.
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The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about unfair dismissal. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of unfair dismissal including who is eligible to bring a claim for unfair dismissal, the potentially fair reasons to dismiss, determining whether an employer has acted reasonably, procedural fairness, and remedies. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
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Mark Elliott and Jason Varuhas
This chapter examines the notion of procedural fairness as a technical area of administrative law. It begins with an overview of D. J. Galligan's attempt to provide what he calls ‘a general theory of fair treatment’ by addressing what it is that legal rules requiring procedural fairness might seek to achieve. It then considers the view that procedural fairness is valuable in both instrumental and non-instrumental terms before discussing two interlocking questions that must be confronted if the notion of procedural fairness is to be understood: when decision-makers are required to act fairly and what ‘acting fairly’ actually means. In particular, it explains the content of the duty to act fairly. Finally, it describes consultation as an element of procedural fairness. A number of relevant cases are cited throughout the chapter, including Cooper v. The Board of Works for Wandsworth District (1863).
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This chapter examines the provisions of the European Convention on Human Rights (ECHR) on the right to a fair trial in criminal and civil cases, explaining that Article 6 of ECHR holds that the Strasbourg Court has no jurisdiction to reopen national legal proceedings or to substitute its own findings of fact for the conclusions of national courts. The chapter examines the interpretation by the Strasbourg Court of the protections provided by Article 6 in the extensive jurisprudence on this Article and discusses issues concerning the overall requirements of a fair hearing, right of access to court, and the extraterritorial effect of Article 6.
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The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about unfair dismissal. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of unfair dismissal including who is eligible to bring a claim for unfair dismissal, the potentially fair reasons to dismiss, determining whether an employer has acted reasonably, procedural fairness, and remedies. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary and questions from author Thomas Webb.
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This chapter considers the grounds that have been and are being developed by the courts on which judicial review may be claimed. As well as the three established heads of judicial review presented by Lord Diplock in the GCHQ case—illegality, procedural impropriety (including procedural fairness) and irrationality (or Wednesbury unreasonableness)—the chapter considers proportionality, procedural and substantive legitimate expectations, and judicial responses to the argument that those exercising public functions must act consistently and with substantive fairness.
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Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.
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Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
This chapter highlights the most significant features of investigation and trial procedure before international criminal courts. It assesses how fairness has been balanced with effectiveness in the unique and challenging context of conflict or post-conflict environments.
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The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd.
This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.
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Maureen Spencer and John Spencer
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Evidence Concentrate is supported by extensive online resources to take your learning further. Written by experts, it covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers principles and key concepts; burden of proof; confessions and the defendant’s silence; improperly obtained evidence, other than confessions; character evidence; hearsay evidence; competence and compellability, special measures; identification evidence and questioning at trial; opinion evidence; public interest immunity; and privilege.
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Sir William Wade and Christopher Forsyth
This chapter discusses the right to a fair hearing, which has been used by the courts as a base on which to build a kind of code of fair administrative procedure, comparable to ‘due process of law’ under the Constitution of the United States. Topics covered include administrative cases and statutory hearings, the retreat from natural justice, the right to be heard, the protection of legitimate expectations, and exceptions to the right to a fair hearing.
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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter is concerned with instances where Equity allows one party to escape the rigours of an apparently binding promise. The justification for contradicting apparently binding contractual agreements and perfectly properly intended gifts is simply the perception that it is sometimes unfair or unconscionable for the defendant to insist on his strict legal rights. The offending deals are then unwound; the defendant is forced to give up any enrichments that he should not have obtained. The different forms of intervention can be categorized under three heads. The first category is confined to written contracts, where the writing does not embody the real agreement between the parties. The writing may either misrepresent or omit certain critical features of the deal. Equity may then intervene to ensure that injustice does not ensue. The second category is devoted to procedural unfairness, and focuses on flaws in the claimant's consent to the underlying deal. The third category is concerned with substantive unfairness. Here Equity's intervention is far more paternalistic. It will sometimes intervene if the terms of the deal are unfair. This is a most aggressive form of intervention. It means interfering with a bargain even though there is no suggestion that the parties did not truly consent to the arrangement.
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Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the right to a fair hearing, which has been used by the courts as a base on which to build a kind of code of fair administrative procedure, comparable to ‘due process of law’ under the Constitution of the United States. Topics covered include administrative cases, the retreat from natural justice, the right to be heard, the protection of legitimate expectations and exceptions to the right to a fair hearing.
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Mark Elliott and Jason Varuhas
This chapter examines the notions of impartiality (and bias) and independence. It first provides an overview of the scope and rationale of the rule against bias before discussing the connection between impartiality and procedural fairness. It then reviews the ‘automatic disqualification rule’ by which a decision-maker can be disqualified if he/she has a sufficient financial interest in the outcome of the decision-making process. It also explores the apprehension of bias and the ‘fair-minded observer rule’, along with the political dimensions of the rule against bias. Finally, it considers Article 6 of the European Convention on Human Rights in an administrative context and when Article 6(1) applies to administrative decision-making. A number of relevant cases are cited throughout the chapter, including R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256.
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This chapter focuses on the context in which risk in a commercial transaction can be transferred. There is always, in all sales of goods, the risk that the goods will be damaged or lost in transit from seller to buyer, except when the sale is conducted face to face. The parties may seek to control this risk in a number of ways, but typically will transfer its financial impact to a third party through insurance. In the international sales of goods, particularly where the goods are transported by sea, not only are the physical risks increased when compared to a domestic sale, but the logistics are such that determining the cause of the loss may be difficult, and attributing liability problematic. Consequently, it is preferable to have the security of a claim against an identifiable financially secure party in the event of loss. In documentary sales the buyer is induced to make payment or at least to accept risk of loss or damage to the goods only because that risk is insured. Consequently, contracts of marine cargo insurance have an essential role to play in such sales, and it is to this form of insurance that the chapter is devoted.
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This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.
