Objective Bias in UK Law
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Davidson v Scottish Ministers (No 2)
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What disqualifies the judge is the presence of some factor which could prevent the bringing of an objective judgment to bear, which could distort the judge's judgment.
In maintaining the confidence of the parties and the public in the integrity of the judicial process it is necessary that judicial tribunals should be independent and impartial and also that they should appear to be so. The judge must be free of any influence which could prevent the bringing of an objective judgment to bear or which could distort the judge's judgment, and must appear to be so.
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Janan George Harb v Hrh Prince Abdul Aziz Bin Fahd Bin Abdul Aziz
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Amec Capital Projects Ltd v Whitefriars City Estates Ltd
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The mere fact that the tribunal has decided the issue before is therefore not enough for apparent bias. There needs to be something of substance to lead the fair-minded and informed observer to conclude that there is a real possibility that the tribunal will not bring an open mind and objective judgment to bear. As was said in Locabail, the mere fact that the tribunal had previously commented adversely on a party or found his evidence unreliable would not found a sustainable objection.
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Director General of Fair Trading v Proprietary Association of Great Britain; Re Medicaments and Related Classes of Goods (No 2)
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Helow v Secretary of State for the Home Department
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Gillies v Secretary of State for Work and Pensions
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The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
... ... 35: Objectivity and bias ... (1) ... duty under these Regulations, they must perform that duty in an objective manner and so as not to find themselves in a situation giving rise to a ... ...
- The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019
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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017
... ... PART 11 Miscellaneous Objectivity and bias 43. —(1) The council or, as the case may be, the Department shall rm their duties under these Regulations in an objective manner and so as not to find themselves in a situation giving rise to a ... ...
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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
... ... PART 12: Miscellaneous ... 64: Objectivity and bias ... (1) ... duty under these Regulations, they must perform that duty in an objective manner and so as not to find themselves in a situation giving rise to a ... ...
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The European Commission’s Google Shopping decision: Could bias have anything to do with it?
... ... Legal reasoning, however, provides an opportunity to test theplausibility of hypothesized bias: if the reasoning is strong, persuasive and objective, bias iseither irrelevant (that is, it has not influenced the decision) or unlikely. If reasoning is weak,unpersuasive, or subjective, bias may have ... ...
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Crime Prevention and the Future of the Probation Service
Recent expansion in the conventional work-load of the Probation Service has not removed the basic empirical and theoretical objections to present probation practice. However, there are few signs of...... ... Insupport of the fourth objective they called for are-direction from traditional client-centredmethods ... ...
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On network externalities, e‐business adoption and information asymmetry
Purpose: This paper seeks to investigate and provide empirical evidence of the interrelationships among network externalities, e‐business adoption and information asymmetry. Design/methodology/app...... ... -reported questionnaires, and thus may be subject to self-reporting bias. Futurestudies should use more objective measurements to reduce the ... ...
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Information Technology and the Quality Gap
During 1990, one of the largest service sector companies in the UK was in the process of implementing major change. Top management believed that total quality management (TQM) was an appropriate ve...... ... philosophicaland cultural level, attributable to an emphasis on objective and realist philosophiesof TQM implementation (see Figure 1). This is ... ...
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Blog: Halliburton v Chubb: Supreme Court Rules on Arbitrator Impartiality
In a long-awaited decision, the Supreme Court has recently handed down a judgment of critical importance addressing an arbitrator’s duty of impartiality and obligation to make disclosure. The ca...... ... as arbitrator in the Halliburton arbitration on the basis of apparent bias. The application was refused by the Commercial Court and by the Court of ... the appointment in the Transocean arbitration to Halliburton, an objective observer would not have concluded on the facts that there was a real ... ...
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Arbitrator Bias: The English Commercial Court Offers Further Guidance On Disqualification Of Arbitrators
... ... for arbitrator removal. The Supreme Court confirmed that the ... relevant test for arbitrator bias was objective and involved ... determining whether a fair-minded and informed observer would ... conclude that there was a real possibility of bias. So how is this ... ...
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English Court Rejects Warm And Friendly' Bias Claim Against Arbitrator In Costs Dispute
... ... The test for bias is therefore whether an objective fair-minded observer who was well informed of the facts, but detached from the case, would "conclude that there was a real possibility that the ... ...
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To Disclose Or Not To Disclose? UK Supreme Court Defines Standards For Arbitrator's Impartiality And Duty Of Disclosure
... ... law test for "apparent bias", though there has been no ... absolute ruling in this respect. Until now ... objective observer to conclude that there is a real possibility of ... bias ... ...