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12 November 2021 / Neil Parpworth
Issue: 7956 / Categories: Features , Profession , Expert Witness
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The right to hear & be heard

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Neil Parpworth examines a case of unfairness in the magistrates’ court
  • In Paling v Ipswich Magistrates Court and another [2021] EWHC 2739 (Admin), a 76-year-old man’s application for judicial review succeeded following a hearing in which the opposing side’s solicitor spoke so softly that the claimant could not hear what was being said.

In Kanda v Government of the Federation of Malaya [1962] AC 322, Lord Denning noted, among other things, that the ‘rule against bias’ and the ‘right to be heard’ amounted to the ‘essential characteristics of what is often called natural justice’. With regard to the latter, he further observed: ‘If the right to be heard is to be a real right which is worth anything, it must carry with it a right in the accused man to know the case which is made against him. He must know what evidence has been given and what statements have been made affecting him; and then he must be given a fair opportunity to correct or contradict them’

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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