Lord Mance,
Lord Dyson,
Lord Phillips of Matravers,
Lord Kerr,
Lord Brown
Judgment date
23 May 2012
Language
English
Summary
Commissioner could make provisional findings about implicated third parties; overall procedure was not unfair.
Flynote
Commissions of Inquiry – terms of reference – scope to investigate persons "in relation to" elected officials; provisional fact‑finding and recommendations for criminal investigation permitted; procedural fairness – Salmon principles apply flexibly; s7 Ordinance entitlement to representation and to be treated as a person whose conduct is subject of or implicated in inquiry; where a reasonable opportunity to give oral evidence is offered and substantial written submissions are considered, there is not necessarily unfairness requiring removal of findings.
Commissioner could make provisional findings about implicated third parties; overall procedure was not unfair.
Flynote
Commissions of Inquiry – terms of reference – scope to investigate persons "in relation to" elected officials; provisional fact‑finding and recommendations for criminal investigation permitted; procedural fairness – Salmon principles apply flexibly; s7 Ordinance entitlement to representation and to be treated as a person whose conduct is subject of or implicated in inquiry; where a reasonable opportunity to give oral evidence is offered and substantial written submissions are considered, there is not necessarily unfairness requiring removal of findings.
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