- Flynote
- Bias
- Case summary
- The legal test to be applied in cases of apparent bias is to be found in the speech of Lord Hope of Craighead, in Porter -v- Magill [2002] 2 AC 357, 494 h: “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.” It is equally well established that the fair-minded observer is not unduly sensitive or suspicious: Johnson v Johnson (2000) 201 CLR 488, 509, para 53, per Kirby J.” [29]. I am under a duty to hear matters that are listed before me, without fear or favour. It is therefore only in circumstances where I am of the view there is good and proper reasons for me to recuse, that I should and must do so [35]. I am not of the view that any of the matters raised by Mr. Duncanson meet the relevant threshold [36].
Loading PDF...
This document is 1.5 MB. Do you want to load it?