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Memorandum of Advice.

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Memorandum of Advice INTRODUCTION The concept of natural justice has two parts: firstly that the matter is dealt with in a fair way; secondarily that the decision maker involved is unbiased. Procedural fairness involves 'looking at the route followed by the decision maker in making the decision and questioning whether the procedure was fair'1. The principle of natural justice has been developed by common law by the courts which has further being expanded by the Human Rights Act 1998, which has introduced a source of procedural rights flowing from Article 6. However, 'it is not possible to lay down rigid rules as to when the principles of natural justice are to apply: nor as to the scope of extent. Everything depends on the subject matter'2. To establish a fairness requirement an individual must have a right or interest that the common law will protect. Cooper v Wandsworth3 stated that if there was...

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