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06 October 2023 / Neil Parpworth
Issue: 8043 / Categories: Features , Bias
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Hindsight & applying the test for apparent bias

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‘Bias’ covers more than an individual having direct financial or pecuniary interest in the outcome of a case, as Neil Parpworth explains
  • Covers Suleman v General Optical Council, on apparent bias.
  • The connection between the panel member and Specsavers only became apparent to the appellant when her counsel was preparing the grounds of appeal.

English law has long recognised that in addition to ensuring the relevant parties are heard, a fair decision-making process also entails an absence of bias on the part of the decision-maker. Thus, in one of the leading cases, Davidson v Scottish Ministers [2004] UKHL 34, Lord Hope observed: ‘The word “bias” is used as a convenient shorthand. But it would be a mistake to approach it in this context as if its only meaning were pejorative. The essence of it is captured in the Convention concept of impartiality. An interest in the outcome of a case or an indication of prejudice against a party to the case or his associates will, of course,

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MOVERS & SHAKERS

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

Ward Hadaway—Mike Gore

Ward Hadaway—Mike Gore

Firm enhances advisory capability with strategic risk specialist hire

Stewarts—Alexandra Lyons

Stewarts—Alexandra Lyons

Insurance and reinsurance specialist joins policyholder disputes practice as partner

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
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