ABSTRACT

The principles of fairness have not, as can be seen above, been given either universal or consistent interpretations. For example, in McInnes v Onslow Fane (1978), Megarry VC stated that:

In Council of Civil Service Unions v Minister for the Civil Service (1985), the House of Lords once again turned to the apparent differences in the concepts, Lord Roskill seemingly rejecting the phrase ‘natural justice’ in favour of the duty to ‘act fairly’. Lord Roskill asserted that:

In Hardie v City of Edinburgh Council (2000), a teacher who was informed that he would be removed from the list of supply teachers and not employed again following allegations by a pupil of professional misconduct, and consideration of reports concluding that such misconduct had taken place, was entitled to judicial review. Natural justice required that fair notice of the allegations made and an opportunity to comment on the reports should have been given, and that the report should have been communicated to the applicant before a decision was reached.