My Musings on Construction Law Week No: 6B
The term “Natural Justice” have been used by Claims Professionals very loosely and often out of context. Most people mistakenly takes its literal meaning to be what it is. Nothing is further from the truth. So what is it ? Can you please explain.
In a nutshell the term “Natural Justice” does not mean a body of law that belongs to the man in the street which a lot of practitioners mistaken it to be i.e Common Sense Laws (if you may call it) which relates to what is right or wrong, anything unfair or appears unfair. It is not a principle or concept of law that can be used as legal reasoning in a disputes and claims situation.
Far from it !!!!! It is just two mandatory rules that must be followed in a tribunal, arbitration or litigation. It is procedural and belongs to a body of law known as Procedural Ultra Vires.
The main usage is that it is concern only with the procedures that have been accepted at law to be mandatory in any tribunal or court that are required to make a ruling. Failure to strictly follow the said procedures is what constitute a breach of natural justice, the consequence of which is the invalidation of any decision or award handed out in relation to the case.
I have curated a set of slides to explain it as easily as possible and I hope that after reading it, the reader has got rid of the common perception of its literal meaning and understand the actual usage of such a phrase with regard to its legal meaning.
So when somebody averts “Breach of Natural Justice”, it is just a simple breach of one or both the mandatory two rules mentioned above and not asomething more complex.
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