Principle

CIVIL PROCEDURE β€” Fair Hearing β€” Prejudice β€” Finding of Absence of Fair Hearing Implies Prejudice

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The denial of fair hearing itself constitutes prejudice. The affected party need not prove additional harm. The constitutional right to fair hearing is fundamental. A violation of that right automatically entitles the party to have the decision set aside. The principle recognises that the injury…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.