Upper Tribunal cases on fair hearings in immigration cases – Free Movement

Posted January 13th, 2016 in advocacy, bias, immigration, judiciary, news, professional conduct, tribunals by sally

‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’

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Free Movement, 13th January 2016

Source: www.freemovement.org.uk

Hunting convictions thrown into doubt after court case collapses – Daily Telegraph

‘The neutrality of Professor Stephen Harris, one of the UK’s leading authorities on foxes, has been called into question.’

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Daily Telegraph, 4th December 2015

Source: www.telegraph.co.uk

High Court judge quashes planning permission over appearance of bias – Local Government Lawyer

Posted October 15th, 2015 in appeals, bias, housing, local government, news, planning by sally

‘A High Court judge has quashed the grant of outline planning permission for a residential development in Wiltshire over the appearance of bias.’
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Local Government Lawyer, 13th October 2015

Source: www.localgovernmentlawyer.co.uk

The High Court judge, the £3bn airline case and the mystery of his lost luggage – Daily Telegraph

Posted July 28th, 2015 in airlines, bias, judges, news, recusal by sally

‘Prominent High Court judge removes himself from £3 billion case involving BA after asking airline’s legal team: “What happened to my luggage?”‘
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Daily Telegraph, 25th July 2015

Source: www.telegraph.co.uk

Court of Appeal dismissed local resident’s objections to the Shell redevelopment – OUT-LAW.com

Posted June 19th, 2015 in appeals, bias, news, planning by tracey

‘The UK Court of Appeal has dismissed a legal challenge against the redevelopment of the 1950s 27-storey Shell Tower in London made by a local resident, George Turner.’

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OUT-LAW.com, 18th June 2015

Source: www.out-law.com

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

‘Judge not, that ye be not judged’ : judging judicial decision-making – Lecture by Lord Neuberger

Posted February 6th, 2015 in bias, judgments, judiciary, news, reasons by sally

‘Judge not, that ye be not judged’: judging judicial decision-making (PDF)

Lecture by Lord Neuberger

F A Mann Lecture 2015

Source: www.supremecourt.uk

Judge attacks social workers for “grossly overstating” case in evidence – Local Government Lawyer

Posted November 28th, 2014 in bias, care orders, child abuse, evidence, news, social services by sally

‘A judge has sharply criticised social workers for giving “visibly biased” evidence when a local authority applied for a final care order in relation to a three-year-old boy with a view to placing him for adoption.’

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Local Government Lawyer, 28th November 2014

Source: www.localgovernmentlawyer.co.uk

Allegations Of Bias In Long And Complex Cases – Littleton Chambers

Posted November 18th, 2014 in appeals, bias, judiciary, news, recusal by sally

‘The Court of Appeal has handed down guidance on the approach to take to allegations of bias in long-running cases where a judge has substantial involvement in the prior stages of a case’s history.’

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Littleton Chambers, 27th October 2014

Source: www.littletonchambers.com

Yiacoub v The Queen – WLR Daily

Posted July 17th, 2014 in appeals, bias, judges, law reports, Privy Council by tracey

Yiacoub v The Queen; [2014] UKPC 22; [2014] WLR (D) 314

‘Justice was not seen to be done when a judge who had sat on the original trial was responsible for overseeing the constitution of the panel of judges which formed the court which heard the appeal.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

Bias has ‘significant’ effect on verdicts, jury research says – Law Society’s Gazette

Posted January 10th, 2014 in bias, burden of proof, juries, news, verdicts by tracey

‘Jurors should be tested before trials to reduce the effect of prejudices on their understanding of the burden of proof, according to the authors of a study suggesting bias has a “significant” impact on verdicts.’

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Law Society’s Gazette, 10th January 2014

Source: www.lawgazette.co.uk

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by tracey

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Judge refuses to recuse himself in case where expert witness was his Oxford supervisor – Litigation Futures

Posted November 7th, 2013 in bias, expert witnesses, judges, news, patents, recusal by tracey

“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”

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Litigation Futures, 6th November 2013

Source: www.litigationfutures.com

Man wrongly charged in Crown Prosecution Service’s ‘homophobic witch-hunt’ – The Independent

“A man whose life was ruined when he was charged with child sex offences after looking at legal gay pornography in a hotel room has accused the police and Crown Prosecution Service of a ‘homophobic witch-hunt’ after his case was finally thrown out. The defendant endured a ‘two-year nightmare’ after being arrested in front of his family, charged with 10 offences almost a year later and repeatedly bailed, before every charge was dropped. If convicted he would have faced jail and been forced to sign the sex offenders’ register. His father died while he was awaiting trial.”

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The Independent, 1st November 2013

Source: www.independent.co.uk

‘British justice on trial’: Judge urges phone-hacking jury to consider only the evidence presented to them – The Independent

“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’.”

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The Independent, 30th October 2013

Source: www.independent.co.uk

CA: judge should have recused himself from hearing wasted costs application – Litigation Futures

“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.”

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Litigation Futures, 27th August 2013

Source: www.litigationfutures.com

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by tracey

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“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

Has the Internet Destroyed Trial by Jury? – Criminal Law and Justice Weekly

Posted August 19th, 2013 in bias, contempt of court, criminal procedure, evidence, internet, juries, news, sentencing, trials by tracey

“The Internet has changed the world and many say the law is struggling to keep up, writes Lyndon Harris.”

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Criminal Law and Justice Weekly, 17th August 2013

Source: www.criminallawandjustice.co.uk

BBC welfare reform show breached impartiality guidelines – BBC News

Posted July 31st, 2013 in BBC, benefits, bias, media, news, social security, statistics by sally

“A BBC documentary on the welfare state breached impartiality and accuracy guidelines, the BBC Trust has found.”

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BBC News, 30th July 2013

Source: www.bbc.co.uk

Brain training: how can experts ensure justice is unbiased? – Halsbury’s Law Exchange

Posted May 22nd, 2013 in bias, expert witnesses, forensic science, news by sally

“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?”

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Halsbury’s Law Exchange, 21st May 2013

Source: www.halsburyslawexchange.co.uk