34. The test for apparent bias was set out by Lord Hope of Craighead in Porter v Magill [2001] UKHL 67 at paragraph 103:
“The question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.”
35. As Mr Commissioner Lloyd-Davies (as he then was) observed in R(DLA) 3/07, there are accordingly two questions to be resolved:
“First, what are the facts which are said to give rise to the possibility that the tribunal was biased. Secondly, whether a fair-minded and informed observer would conclude that there was a real possibility, in the light of those facts, that the tribunal was biased.”
Question: Do you think (in your personal opinion - or otherwise) that I am 'flogging a dead horse' with impartiality and percieved bias route ?
Note: This is all speculative/inquisitorial at this time.
I understand your need for an answer, but this is a legal matter and we are not qualified to comment.
There is a copy of the Bench Book in the Members Area, it is not the latest copy which is not in the public domain, so I do not know if there are any changes in this area.
We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.
