In R (on the application of Eisai Ltd) v National Institute for Health and Clinical Excellence EWCA Civ 438, [2008] All ER (D) 02 (May) one of the drug companies involved appealed on a narrow point
involving procedural fairness.
Managers who reported mental fatigue from situations
involving procedural fairness were less cooperative and socially engaging with other workers the next day.
Not exact matches
Most often, decisions about which medical services should be funded will be policy decisions,
involving the apportionment of resources among competing groups, and thus no duty of
procedural fairness will attach.
18 Nevertheless, because most of the appeal decisions on the standard in summary judgment have
involved concerns of a lack of
procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of Appeal.
The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally
involve specific questions of law and concurrent issues
involving breaches of natural justice or
procedural fairness, I will apply a standard of correctness.
Cases
involving standards of review and jurisdiction have been particularly plentiful, while a number of cases dealing with standing,
procedural fairness, and the Charter are also worthy of note.
The new rule tailors appropriate
procedural fairness for the category of cases
involved and is an example of early resolution of civil cases that is very much in line with the goals set out in Hryniak.
Studying how and in which contexts
procedural fairness principles can be applied
involves many different disciplines.
The First Nations are relying on the established administrative law principle of
procedural fairness to argue that the duty to consult is not necessarily confined to cases
involving s. 35 Charter rights.