Curing defects on appeal
‘…(W)here an apparently sensible appeal structure has been put in place, the court is entitled to approach the matter on the basis that the parties should have been taken have agreed to accept what in the end is a fair decision. …(T)his does not mean that the fact that there has been an appeal will necessarily have produced a just result. The test which is appropriate, is to ask whether, having regard to the course of the proceedings, there has been a fair result. …(T)here may be circumstances in which by reason of corruption or bias or such other deficiency, the end result cannot be described as fair. The question in every case is the extent to which the deficiency alleged has produced overall unfairness.’ Per Latham LJ in Modahl v British Athletic Federation  EWCA Civ 1447.
4th Edition » | Chapter 15