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Key definition

Natural justice definition

What does Natural justice mean? In legal practice, natural justice describes the core standards of procedural fairness that decision‑makers must observe when determining rights, obligations or reputations. Developed by the common law (and often called procedural fairness), it operates alongside statutory schemes and, in the UK, Article 6 ECHR fair trial rights. Its key features are the rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem). Depending on context, this includes timely notice of the case, disclosure of adverse material, a reasonable opportunity to respond and challenge evidence, an impartial tribunal, and, where fairness requires, reasons for...

Natural justice in construction adjudication: principles, materiality, fair hearing and bias, procedural challenges, waiver, and enforcement consequences

Published by a LexisNexis Construction expert

Practice notes

Principles of Natural justice

If an Adjudicator infringes the Rules of natural justice during adjudication, a serious breach can render the decision a nullity. The principle has three familiar elements:

no person should adjudicate their own cause
a party must be told the allegations it faces and allowed a fair chance to respond
a party is entitled to have its case determined by an impartial and unbiased tribunal

In reality, disputes about the first of these are rare in construction adjudication. Should there be any indication that an adjudicator must rule on the propriety of their own behaviour, Resignation would ordinarily follow. For guidance on an adjudicator’s resignation, see Practice Note: Resignation by the adjudicator. The courts have repeatedly outlined what amounts to a breach of natural justice, with leading Court of Appeal authorities including Carillion Construction v Devonport Royal Dockyard and Amec v Whitefriars...

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Web page updated on 21/05/2026

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