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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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NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
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