Procedural Fairness

February 6th, 2019 by James Goudie KC

Dymoke v Association for Dance Movement (2019) EWHC 94 (QB) was a private law contractual action. Nonetheless, an implied duty of procedural fairness was found to exist, in relation to termination of membership of a company, and in particular that the claimant would be informed of complaints or concerns in sufficient detail to enable her to respond to them, and would be given a reasonable opportunity to respond.  That applied not only to the complaints or concerns, but also to the question of whether they justified the sanction of termination of membership: paragraph 65.

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