‘The saying “Fair’s fair” refers to the instinctive sense that acting fairly is what everyone should do, even if they don’t. However, local authorities and other public bodies have a duty to act fairly following the principles of natural justice. These are that no one is to be a judge in their own cause (nemo iudex in causa sua) and that the parties must have a fair opportunity of presenting their views on the matters in issue (audi alteram partem – hear the other side). But as Lord Bridge (pictured) observed in Lloyd v McMahon [1987] AC 625: “The so-called rules of natural justice are not engraved on tablets of stone. To use the phrase which better expresses the underlying concept, what the requirements of fairness demand when any body, domestic, administrative or judicial, has to make a decision which will affect the rights of individuals, depends on the character of the decision-making body, the kind of decision it has to make and the statutory or other framework in which it operates. In particular, it is well-established that when a statute has conferred on any body the power to make decisions affecting individuals, the courts will not only require the procedure prescribed by the statute to be followed, but will readily imply so much and no more to be introduced by way of additional procedural safeguards as will ensure the attainment of fairness.”‘
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Law Society's Gazette, 23rd January 2026
Source: www.lawgazette.co.uk
