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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

DSW Legal—James Mallender

DSW Legal—James Mallender

Business advisory group launches dedicated legal division with senior appointment

Gilson Gray—Peter Millican

Gilson Gray—Peter Millican

London corporate practice with partner appointment

Ward Hadaway—Alex Cooper

Ward Hadaway—Alex Cooper

Corporate team welcomes partner in Leeds

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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