The Court of Appeal dismissed the procedural
fairness argument on the basis that all of the moving parties were clearly aware that a pro rata allocation could be ordered by the Court and had vigorously opposed a pro rata allocation throughout the course of the litigation.
Labour retreated, having failed to make
the fairness argument on inherited wealth over the decade.
Not exact matches
«I believe it is a matter of fundamental
fairness that the American people be allowed to see both sides of the
argument and make their own judgment,» Schumer wrote in a letter to the president released
on Sunday.
A politics of
fairness and equality is about both (i) making an
argument across the whole of society that a fairer and more equal society is in our collective enlightened self - interest, using the
arguments of Richard Wilkinson, etc
on issues like crime, general well - being, and that there are benefits of
fairness for those at the top too.
«Sunder Katwala
on how the government lost the
fairness government» should presumably be
fairness argument.
That ambition now depends
on translating Labour's defining beliefs in
fairness and the necessary role of government into a popular
argument which could begin to rebuild Labour's coalition.
If the result favours Labour, Clegg would need to adapt his
arguments and objectives accordingly introducing, for example, a greater emphasis
on social justice,
fairness, and collective responsibility.
This article is especially relevant today not only because it is a critical review of past research
on moral education viewed through the lens and the work of the authors, but because it is also a critique of the current status of higher education and an
argument for the need to focus more intentionally
on equity and
fairness.
Here you need to rely
on the «
fairness argument», focusing
on the problems charges have caused you, as the Ombudsman has said it is unlikely to consider «templated
arguments».
Yet it may be possible to use other ideas to examine
fairness, though chances of success
on this
argument may be weak (more
on that in a moment):
The Court of Appeal also dismissed
arguments made
on behalf of XH that the exercise of such power was, in any event, unlawful
on the basis of EU law norms of procedural
fairness.
Separating couples might well agree, or disagree, with the
fairness of the judgment — depending
on which side of the
argument they are
on!
Marion Boyd's
argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least
on some grounds (and she set out a number of conditions about procedural and substantive
fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of
fairness.
On judicial review, the third party union argued that the failure to consider its
argument was a breach of procedural
fairness.
The court stated that had the decision rested solely
on the basis of the denial of procedural
fairness, the grievance would have been sent back to the arbitrator so that the
argument could be considered.
The Federal Court of Appeal held that whether an adjudicator has a legal obligation to consider an
argument is part of his or her duty of procedural
fairness — which is assessed by the courts
on a standard of correctness.