“The jury that will decide the guilt or innocence of Rebekah Brooks, Andy Coulson and six other defendants was sworn in at the Old Bailey with a warning from the judge that ‘British justice is on trial’.”
The Independent, 30th October 2013
Source: www.independent.co.uk
“The Court of Appeal has taken the highly unusual step of ruling that a judge should have recused himself from hearing a wasted costs order against a party’s solicitors given the comments he made about them in his substantive judgment.”
Litigation Futures, 27th August 2013
Source: www.litigationfutures.com
“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”
WLR Daily, 14th August 2013
Source: www.iclr.co.uk
“The Internet has changed the world and many say the law is struggling to keep up, writes Lyndon Harris.”
Criminal Law and Justice Weekly, 17th August 2013
Source: www.criminallawandjustice.co.uk
“A BBC documentary on the welfare state breached impartiality and accuracy guidelines, the BBC Trust has found.”
BBC News, 30th July 2013
Source: www.bbc.co.uk
“In an ideal world, experts would be brought into a case to help ascertain what has happened, use objective instruments that quantify and interpret the evidence, and provide the court with an unbiased view. However, the reality is that often experts are recruited to help make a case for an existing theory of what has happened, and they rely on subjective judgments and interpretations. Can we expect experts to be objective? Is it realistic that without specific cognitive measures experts can be impartial?”
Halsbury’s Law Exchange, 21st May 2013
Source: www.halsburyslawexchange.co.uk
“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”
WLR Daily, 15th March 2013
Source: www.iclr.co.uk
JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366
“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
“Prime Minister delivered the statement to the House of Commons on the day that Leveson report was published.”
The Guardian, 29th November 2012
Source: www.guardian.co.uk
“In Bhardwaj v First Division Association and others, UKEAT/ 0157 & 0158/11/2T, Judgment on 1 November 2012, the EAT (Wilkie J presiding) held that, although one of the circumstances complained of may have required the ET members to have recused themselves on grounds of ‘apparent bias’, had such an application been made, in fact, the agreement of the parties, including the Appellant, that the hearing should continue, notwithstanding the revelation of those circumstances, was effective to act as a waiver of any such ‘apparent bias’ and so the hearing of the claims by the ET, as then constituted, was lawful and effective.”
Employment Law Blog, 2nd November 2012
Source: www.employment11kbw.com
“Court makes order postponing reports under section 4(2) of the Contempt of Court Act 1981 due to ‘very real risk of prejudice’.”
The Guardian, 24th September 2012
Source: www.guardian.co.uk
“A senior judge has issued a warning to police, press and politicians as alleged killer Dale Cregan appeared for the first time at Crown Court.”
The Independent, 24th September 2012
Source: www.independent.co.uk
“Two national newspapers published ‘seriously prejudicial’ articles after a killer’s conviction for the abduction and murder of schoolgirl Milly Dowler, the High Court heard today.”
The Independent, 13th June 2012
Source: www.independent.co.uk
“The emails revealed between the minister and News Corporation lobbyists suggest a risk of bias, says legal commentator.”
The Guardian, 24th April 2012
Source: www.guardian.co.uk
“Publicity from the phone-hacking inquiry doesn’t necessarily prejudice the cases of those arrested in the scandal.”
The Guardian, 18th March 2012
Source: www.guardian.co.uk
“The fact that a member of a local planning authority’s planning committee has campaigned against a proposed development within the authority’s administrative area will not be taken as proof that they are not open minded, according to the clarified rules on predetermination in the Localism Act.”
OUT-LAW.com, 18th January 2012
Source: www.out-law.com
“The disciplinary procedures of the Royal College of Veterinary Surgeons did not give rise to any appearance of bias so as to breach a practitioner’s right to a fair trial under Article 6.”
UK Human Rights Blog, 18th January 2012
Source: www.ukhumanrightsblog.com
“Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. The vice-president of the Institute of Legal Executives (‘ILEX’) ought not to have been a member of a disciplinary appeal tribunal set up by the institute to deal with breaches of its rules. Her leading role in the institute and her inevitable interest in its policy of disciplinary regulation should have disqualified her because the fair-minded and informed observer ought to have or would have concluded that there was a real possibility of bias.”
WLR Daily, 19th October 2011
Source: www.iclr.co.uk
“Potential jurors in the trial of Vincent Tabak, the man accused of murdering Joanna Yeates, have been warned not to do any background research on the case.”
The Guardian, 4th October 2011
Source: www.guardian.co.uk
Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312
“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”
WLR Daily, 4th November 2009
Source: www.lawreports.co.uk
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