Objective Bias in UK Law

  • Director General of Fair Trading v Proprietary Association of Great Britain; Re Medicaments and Related Classes of Goods (No 2)
    • Court of Appeal (Civil Division)
    • 26 July 2001
    ... ... Rowlatt ("Dr Rowlatt"), recuse herself on the ground of apparent bias; b) That the whole Court should recuse itself on the ground that they ... 28 The Court went on to hold that there was no objective justification for fears of lack of impartiality on the part of Dr Rowlatt ... ...
  • R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2)
    • House of Lords
    • 15 January 1999
    ... ... and contained a detailed consideration of the relevant law of bias ... 16 It then read: "It is submitted therefore that the ... on Lord Hoffmann personally holding any view, or having any objective, regarding the question whether Senator Pinochet should be extradited, nor ... ...
  • Helow v Secretary of State for the Home Department
    • House of Lords
    • 22 October 2008
    ... ... would have had no difficulty in concluding that the test of apparent bias set out in Porter v Magill [2001] UKHL 67 ; [2002] 2 AC 357 , para ... the ground that it was vitiated for "apparent bias and want of objective impartiality" ... 13 The appellant does not suggest that the ... ...
  • Locobail (U.K.) Ltd v Bayfield Properties Ltd
    • Court of Appeal (Civil Division)
    • 17 November 1999
    ... ... common questions concerning disqualification of judges on grounds of bias. At the outset we acknowledge with gratitude the help we have received ... to this application for the recusal of members of this Court is objective and the onus of establishing it rests upon the applicant. The question is ... ...
  • Davidson v Scottish Ministers (No 2)
    • House of Lords
    • 15 July 2004
    ... ... 2001 on the ground that those decisions were vitiated by apparent bias and want of objective impartiality on the part of one member of the court ... ...
  • Taylor and Another v Lawrence and Another
    • Court of Appeal (Civil Division)
    • 04 February 2002
    ... ... the solicitors acting for the claimants, there was an appearance of bias. The third was that the Deputy Judge conducted the hearing in an unfair ... drawn attention as giving rise to the appearance of bias to the objective observer. In The Director General of Fair Trading v The Proprietary ... ...
  • R v Abdroikov
    • House of Lords
    • 17 October 2007
    ... ... He complained of potential bias and relied on the appellant's fair trial right under article 6 of the ... and later case law makes clear, justice is not done if the objective judgment of a judicial decision-maker (whether judge or juror) is shown to ... ...
  • Gillies v Secretary of State for Work and Pensions
    • House of Lords
    • 26 January 2006
    ... ... that standard was applied, there was no basis for any suspicion of bias." ... Mr Mitchell QC for the appellant said that it was for the ... the information available to them, they had concluded that the objective bystander would have a reasonable apprehension of bias on the part of Dr ... ...
  • Millar v Dickson; Payne and Others v Heywood
    • Privy Council
    • 24 July 2001
    ... ... " (page 245) (3) "There is, however, no objective guarantee of security of tenure, such as can be found in sec 12 of the ... and applications based on what, in the case law, is called 'actual bias' are very rare, partly (as we trust) because the existence of actual bias ... ...
  • Metropolitan Properties Company (F.G.C.) Ltd v Lannon
    • Court of Appeal (Civil Division)
    • 11 July 1968
    ... ... First, a "direct pecuniary interest" in the subject-matter. Second, "bias" in favour of one side or against the other ... 34 So far as "pecuniary ... former is to be preferred; the reviewing Court should make an objective decision, on the basis of the whole evidence before it, whether there was ... ...
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