Equality of opportunity is not defined in the act, but has been the dominant model for fair access in the UK, linked to a post-war meritocratic model which saw individual ability as the key criterion for assessing, for example, suitability for higher education or for filling occupational roles, rather than class background or other social factors. On this reading, the distinctiveness of an equity approach is not that it moves beyond equality of opportunity, but rather that it is simply a different, stronger conception of what equality of opportunity means. It posits that, whilst there is no prohibition on differential treatment for creditors inter se under a Plan, any differential treatment must be justified.

The young man passes a sign - “Duck and Drakes - The Children will love it”, then stands disconsolate by a chilly chalet near the Big Dipper. This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use.The second factor qualifies the first: the Court will be “ slow to differ” from the views of a given class in determining whether the Plan operates fairly against them, so long as that class was fairly represented and properly consulted. The woman passes sightseers lining the Thames embankment at Terrace Walk; and the Eldorado Ice-Cream pavilion, which is approached by the second man. They’ll switch between leader and follower, depending on what the task is and who has the best skills to lead it. Along with ‘beneficence, non-maleficence and respect for autonomy’, fairness is one of four ‘prima facie’ principles of medical ethics identified by Beauchamp and Childress, whose approach Prof Gillon has long advocated. It turned out that she’d given birth to the child, hadn't told anyone, hadn't got any money, and thought that this was the best thing for her baby.

In the table of possible scores, you need one 2, two 3s, three 4s, four 5s, five 6s, six 7s, five 8s, four 9s, three 10s, two 11s and one 12. To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. This was done in Re Hong Kong Airlines Ltd, for example, which (at [48-50]) described the test for fairness as “ well settled” and “ part of the sanction process”. It’s important to recognise what the competing basic moral concerns are,’ says Prof Gillon, ‘and then to have a system in which you can debate and agree, ideally, on how you deal with these conflicts in different contexts. But despite those comments, and the various references thereto in subsequent cases, we have seen that in most, if not all, Part 26A cases, fairness is acknowledged, debated and ruled upon as if it was a statutory prerequisite.Prof Gillon suggests that a first step might be to adopt ‘fairness’ as both a personal and an organisational value or principle. The differential treatment in this case was justifiable on the basis that the restructuring surplus was divided more proportionately, and was generated primarily from volunteering stakeholders, rather than forcibly taken from crammed down creditors. Finance is provided by PayPal Credit (a trading name of PayPal UK Ltd, Whittaker House, Whittaker Avenue, Richmond-Upon-Thames, Surrey, United Kingdom, TW9 1EH). The WMA (World Medical Association) recently added ‘fairness’ to its International Code of Medical Ethics, thanks partly to Prof Gillon’s lobbying on behalf of the BMA.

Naturally, the Court will be reluctant to take too critical an approach in circumstances where no creditors have raised a formal objection, and perhaps a lack of opposition in itself provides a basis on which the Court may conclude that the Plan is fair.In medicine, sometimes the only difference between me and the person who’s starting out or qualifying is that I'm older. Prof Gillon stresses, as Aristotle did, that medical ethics is not an exact science: dilemmas often don’t have simple answers. At this point, it is worth taking a step back and thinking through why this is an ‘equity’ approach and whether and how it differs from equality of opportunity as a concept. BMA media centre View the latest press releases from our England, Northern Ireland, Scotland and Wales media teams. Particularly in light of recent case law, it is becoming increasingly difficult to argue that there is still no established test of fairness for Plans.

These actions can be controversial as a matter of insolvency law, and as the Plan continues to evolve and be used in new and creative ways to achieve a desired restructuring, and as Plan opponents become more familiar with the procedure for challenge, the need for a consistently clear and predictable cross-check of fairness from the Court will surely become even greater.An even stricter proactive approach would involve the Court examining fairness in the absence of any creditor opposition. If a number representing 75% in value of the creditors or class of creditors or members or class of members (as the case may be), present and voting either in person or by proxy at the meeting summoned under section 901C, agree a compromise or arrangement, the court may, on an application under this section, sanction the compromise or arrangement.