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.”

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Employment Law Blog, 2nd November 2012

Source: www.employment11kbw.com

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’.”

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The Guardian, 24th September 2012

Source: www.guardian.co.uk

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.”

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The Independent, 24th September 2012

Source: www.independent.co.uk

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.”

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The Independent, 13th June 2012

Source: www.independent.co.uk

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.”

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The Guardian, 24th April 2012

Source: www.guardian.co.uk

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.”

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The Guardian, 18th March 2012

Source: www.guardian.co.uk

Localism Act clarifies rules on predetermination – OUT-LAW.com

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.”

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OUT-LAW.com, 18th January 2012

Source: www.out-law.com

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.”

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UK Human Rights Blog, 18th January 2012

Source: www.ukhumanrightsblog.com

Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another – WLR Daily

Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another [2011] EWCA Civ 1168; [2011] WLR (D) 298

“Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. The vice-president of the Institute of Legal Executives (‘ILEX’) ought not to have been a member of a disciplinary appeal tribunal set up by the institute to deal with breaches of its rules. Her leading role in the institute and her inevitable interest in its policy of disciplinary regulation should have disqualified her because the fair-minded and informed observer ought to have or would have concluded that there was a real possibility of bias.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Joanna Yeates murder trial begins with warning to potential jurors – The Guardian

Posted October 5th, 2011 in bias, juries, media, murder, news, trials by sally

“Potential jurors in the trial of Vincent Tabak, the man accused of murdering Joanna Yeates, have been warned not to do any background research on the case.”

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The Guardian, 4th October 2011

Source: www.guardian.co.uk

Michel v The Queen – WLR Daily

Posted November 5th, 2009 in bias, Jersey, judiciary, law reports by sally

Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312

“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”

WLR Daily, 4th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Retrial ordered for crash couple – BBC News

Posted March 27th, 2009 in bias, juries, news, retrials by sally

“A judge has ordered a retrial in a case of causing death by dangerous driving after a juror was overheard making comments judged to be biased.”

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BBC News, 27th March 2009

Source: www.bbc.co.uk

Regina v Cole – Times Law Reports

Posted March 16th, 2009 in bias, dangerous driving, jury directions, law reports by sally

Regina v Cole

Court of Appeal (Criminal Division)

“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department and Another – Times Law Reports

Posted November 5th, 2008 in asylum, bias, judiciary, law reports by sally

Helow v Secretary of State for the Home Department and Another

House of Lords

“A judge’s membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist.”

The Times, 5th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Haase) v Independent Adjudicator and Another – Times Law Reports

Posted October 28th, 2008 in bias, disciplinary procedures, human rights, law reports, prisons by sally

Regina (Haase) v Independent Adjudicator and Another

Court of Appeal

“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”

The Times, 28th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department – WLR Daily

Posted October 24th, 2008 in bias, judiciary, law reports, race discrimination, Scotland by sally

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Channel 4 ruled ‘unjust and unfair’ in climate change documentary – The Guardian

Posted July 21st, 2008 in bias, climate change, media, news by sally

“Ofcom has ruled that Channel 4 breached broadcasting codes on impartiality and was ‘unjust and unfair’ in the way it represented individuals in its controversial documentary The Great Global Warming Swindle.”

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The Guardian, 21st July 2008

Source: www.guardian.co.uk

Judge who sentenced animal rights activist was fan of blood sports – The Independent

Posted July 10th, 2008 in bias, judiciary, news by sally

“A man found guilty at the end of the longest animal rights trial in legal history has launched an appeal, claiming the judge should not have heard the case because of his interest in blood sports.”

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The Independent, 10th July 2008

Source: www.independent.co.uk

R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 3rd, 2008 in bias, judicial review, law reports, planning by sally

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216

“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”

WLR Daily, 2nd July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

IPCC questions for police inquiry – BBC News

Posted June 6th, 2008 in bias, complaints, news, police by sally

“Dyfed-Powys Police is to be examined over claims it failed to properly look at allegations against a friend of former chief constable Terry Grange.”

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BBC News, 5th June 2008

Source: www.bbc.co.uk