January 31st, 2024 by James Goudie KC

In Potanina v Potanin (2024) UKSC 3 the Supreme Court reaffirms that it is a fundamental rule of procedural fairness that , before making an Order requested by one party, the Judge must give the other party the chance to object. If, for some reason, it is not practicable to do this, the Judge must do the next best thing. If the Judge makes the Order that is to give the other party an opportunity to argue that the Order should be set aside, or varied. What is always unfair is to make a Final Order, capable of correction only on appeal, after hearing only from the party who wants the Order made.

Comments are closed.