Procedural Fairness: a View from 20,000 Feet

Should courts defer to administrative decision-makers on procedural matters? As things stand (for the most part), judicial intervention is warranted whenever a decision-maker fails to live up to judicially developed conceptions of fairness. But this judicial supremacy sits uneasily with the modern, context-sensitive duty of fairness. Historically, automatic intervention whenever a decision-maker deviated from the […] Read more

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Mind your Metadata, Counsel!

These days, we are all very aware of the importance of metadata. Administrative decision-makers should be too: a failure to be fully aware of the implications of metadata nearly did for the respondent in Demaria v Law Society of Saskatchewan, 2013 SKQB 178.The applicant challenged, on numerous grounds, the Law Society’s refusal to admit him […] Read more

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A Bad Day for NAMA

Ireland’s National Asset Management Agency won a High Court legal battle against Treasury Holdings earlier this week, but it may end up losing the war. Finlay Geoghegan J.’s judgment, [2012] IEHC 297, cannot have been well received at NAMA headquarters. Over at NAMA Wine Lake, the editors wonder out loud “if indeed the Agency is […] Read more