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


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.”

Full story

Litigation Futures, 6th November 2013


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.”

Full story

The Independent, 1st November 2013


‘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’.”

Full story

The Independent, 30th October 2013


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.”

Full story

Litigation Futures, 27th August 2013


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


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.”

Full story

Criminal Law and Justice Weekly, 17th August 2013


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.”

Full story

BBC News, 30th July 2013


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?”

Full story

Halsbury’s Law Exchange, 21st May 2013


Boardman v Governing Body of Clarence High School and another – WLR Daily

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013


JSC BTA Bank v Ablyazov (No 8) – WLR Daily

Posted December 5th, 2012 in bias, civil justice, contempt of court, law reports, recusal by sally

JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366

“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”

WLR Daily, 28th November 2012


David Cameron statement in response to the Leveson Inquiry report – The Guardian

“Prime Minister delivered the statement to the House of Commons on the day that Leveson report was published.”

Full statement

The Guardian, 29th November 2012


Apparent Bias – Employment Law Blog

Posted November 5th, 2012 in bias, employment tribunals, news, race discrimination by sally

“In Bhardwaj v First Division Association and others, UKEAT/ 0157 & 0158/11/2T, Judgment on 1 November 2012, the EAT (Wilkie J presiding) held that, although one of the circumstances complained of may have required the ET members to have recused themselves on grounds of ‘apparent bias’, had such an application been made, in fact, the agreement of the parties, including the Appellant, that the hearing should continue, notwithstanding the revelation of those circumstances, was effective to act as a waiver of any such ‘apparent bias’ and so the hearing of the claims by the ET, as then constituted, was lawful and effective.”

Full story

Employment Law Blog, 2nd November 2012


Judge imposes reporting restrictions in Dale Cregan case – The Guardian

Posted September 25th, 2012 in bias, contempt of court, media, murder, news, police, public interest, reporting restrictions by sally

“Court makes order postponing reports under section 4(2) of the Contempt of Court Act 1981 due to ‘very real risk of prejudice’.”

Full story

The Guardian, 24th September 2012


Judge issues warning over Dale Cregan trial – The Independent

Posted September 24th, 2012 in bias, contempt of court, media, murder, news, police, trials by sally

“A senior judge has issued a warning to police, press and politicians as alleged killer Dale Cregan appeared for the first time at Crown Court.”

Full story

The Independent, 24th September 2012


Levi Bellfield articles ‘prejudicial’, court hears – The Independent

Posted June 13th, 2012 in bias, contempt of court, juries, kidnapping, media, murder, news, trials by sally

“Two national newspapers published ‘seriously prejudicial’ articles after a killer’s conviction for the abduction and murder of schoolgirl Milly Dowler, the High Court heard today.”

Full story

The Independent, 13th June 2012


Jeremy Hunt emails: a legal view – The Guardian

Posted April 25th, 2012 in bias, competition, electronic mail, media, news, takeovers by sally

“The emails revealed between the minister and News Corporation lobbyists suggest a risk of bias, says legal commentator.”

Full story

The Guardian, 24th April 2012


Rebekah Brooks needn’t worry about her right to a fair trial – The Guardian

Posted March 19th, 2012 in bias, interception, juries, media, news, public interest, trials by sally

“Publicity from the phone-hacking inquiry doesn’t necessarily prejudice the cases of those arrested in the scandal.”

Full story

The Guardian, 18th March 2012


Localism Act clarifies rules on predetermination –

Posted January 19th, 2012 in bias, legislation, local government, news, planning by sally

“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.”

Full story, 18th January 2012


Veterinary tribunal did not show bias – UK Human Rights Blog

Posted January 18th, 2012 in bias, news, professional conduct, tribunals by sally

“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.”

Full story

UK Human Rights Blog, 18th January 2012