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02 September 2011
Issue: 7479 / Categories: Case law , Law digest , In Court
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Fair trial

Pan v WestLB AG UKEAT/0308/11/DM, [2011] All ER (D) 100 (Aug)

It was established law that the test to be applied in determining bias was whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased. If an objection of bias was made, it was the duty of the tribunal to consider the objection and exercise his judgment upon it. As a matter of discretion, save for compelling reasons, an employment judge in a case which had started before a full panel should, if he was asked to order a hearing before a different panel, ensure that the decision was taken by the whole panel. The question of bias did not simply depend on whether or not the party said that he lacked confidence, but on whether substantively, there were good grounds for such confidence to be lacking.

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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