Jeremy Hunt emails: a legal view – The Guardian
“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
Category: bias
Rebekah Brooks needn’t worry about her right to a fair trial – The Guardian
“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
Localism Act clarifies rules on predetermination – OUT-LAW.com
“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
Veterinary tribunal did not show bias – UK Human Rights Blog
“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
Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another – WLR Daily
“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
Joanna Yeates murder trial begins with warning to potential jurors – The Guardian
“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 – WLR Daily
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
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Retrial ordered for crash couple – BBC News
“A judge has ordered a retrial in a case of causing death by dangerous driving after a juror was overheard making comments judged to be biased.”
BBC News, 27th March 2009
Source: www.bbc.co.uk
Regina v Cole – Times Law Reports
Court of Appeal (Criminal Division)
“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”
The Times, 16th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Helow v Secretary of State for the Home Department and Another – Times Law Reports
Helow v Secretary of State for the Home Department and Another
House of Lords
“A judge’s membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist.”
The Times, 5th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Regina (Haase) v Independent Adjudicator and Another – Times Law Reports
Regina (Haase) v Independent Adjudicator and Another
Court of Appeal
“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”
The Times, 28th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Helow v Secretary of State for the Home Department – WLR Daily
“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”
WLR Daily, 23rd October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Channel 4 ruled ‘unjust and unfair’ in climate change documentary – The Guardian
“Ofcom has ruled that Channel 4 breached broadcasting codes on impartiality and was ‘unjust and unfair’ in the way it represented individuals in its controversial documentary The Great Global Warming Swindle.”
The Guardian, 21st July 2008
Source: www.guardian.co.uk
Judge who sentenced animal rights activist was fan of blood sports – The Independent
“A man found guilty at the end of the longest animal rights trial in legal history has launched an appeal, claiming the judge should not have heard the case because of his interest in blood sports.”
The Independent, 10th July 2008
Source: www.independent.co.uk
R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily
R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216
“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”
WLR Daily, 2nd July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
IPCC questions for police inquiry – BBC News
“Dyfed-Powys Police is to be examined over claims it failed to properly look at allegations against a friend of former chief constable Terry Grange.”
BBC News, 5th June 2008
Source: www.bbc.co.uk
El Farargy v El Farargy and Others – Times Law Reports
El Farargy v. El Farargy and Others
Court of Appeal
“Where the appearance of justice was at stake, it was better that justice be done independently by another, rather than require a judge to sit in judgment of his own behaviour.”
The Times, 23rd November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
Judge ordered off divorce case after ‘flying carpet’ jibe – The Guardian
“A high court judge who made allegedly mocking remarks about a sheikh involved in a multi-million pound divorce was today ordered to step down from the case.”
The Guardian, 15th November 2007
Source: www.guardian.co.uk
ASM Shipping Ltd of India v. Harris and Others – Times Law Reports
Arbitrators not tainted by association
ASM Shipping Ltd of India v Harris and Others
“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”
The Times, 6th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Steadman-Byrne v. Amjad and Others – Times Law Reports
Challenge to bias must be made immediately
Steadman-Byrne v Amjad and Others
Court of Appeal
“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”
The Times, 30th July 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
