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Lloyd v McMahon

[1987] 1 AC 625

Case summary last updated at 07/01/2020 11:56 by the Oxbridge Notes in-house law team.

Judgement for the case Lloyd v McMahon

District auditor investigating local council denied councillors an oral hearing. Held - giving them written notification and considering written representations was sufficient. This was taking account of the facts of this specific case, such as that the councillors had not requested an oral hearing, they had been given adequate notice and had been able to make full written statements. 
 
Lord Bridge: “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.” The factors that have to be considered in determining whether unfairness has occurred are (1) the character of the decision making body, (2) the kind of decision it has to make, and (3) the statutory or other framework in which it operates. 

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