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.
