Particularly in Re The Great Annual Savings Co Ltd, it was noted (at [62]) that it would be too restrictive to require Plan challengers to adduce their own expert evidence in all cases, and the focus should instead be on whether the Plan proponent’s own evidential burden of proof is satisfied in the face of scrutiny. Here at the Wales Centre for Public Policy we have been looking at ways to promote greater fairness in the tertiary education system. Through this carefully framed wording, we can infer that Parliament’s intention was for the Court’s role in sanctioning Plans to go beyond simply ensuring that the procedural statutory prerequisites and voting thresholds have been satisfied.

But this can be a bit misleading if it leads us to see the outcomes which need to be equalised as access to material goods, income or attainment regardless of merit. Whilst it may be the case that some form of ‘ just and equitable’ test was initially proposed, but later scrapped, the retention of the ‘ just and equitable’ language in the CIGA 2020 Explanatory Notes has caused considerable confusion in Part 26A cases to date. editor saw its potential as a children's novel and persuaded him to adapt it for a younger audience. That way they'll know what is expected of them (and hopefully at least) they'll be less rows over what's fair and what isn't.It has a lot of suspense,but not just in the middle of the story - it was also near the beginning,so it kept me thinking the whole way through. Introduce the question of scope (the range of people you consider in decision-making), and things become more complex still. I teach my children that regardless of the situation it's never ok to hit anyone; and if they do retaliate and hit back, they may well find themselves dealt the same punishment as the child who hit them in the first place.

It’s central to how we do business, how we behave with each other, how we interact with society, how we practise medicine. He’d like to see ‘Be fair’ enshrined as a BMA behaviour principle, for example, alongside ‘Be professional, accountable, kind, representative and respectful’. When Part 26A CA 2006 came into force, many commentators praised its similarity to Part 26 Schemes of Arrangement, and the certainty that this would bring to debtors proposing Plans where Scheme case law is applicable by analogy.Learning and development Develop your learning by completing our courses on a range of topics, which will help you to progress your career. And the converse is also true: if there is not a fair distribution, that is likely to indicate that the dissenting class has voted rationally, and that would support the Court refusing sanction.