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20 June 2013 / Rowan Pennington-Benton , James Guthrie KC
Issue: 7565 / Categories: Features , Public
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How does it look?

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Lesage sets out what will hopefully be accepted as the correct approach to cases of apparent bias, say James Guthrie QC & Rowan Pennington-Benton

The doctrine of apparent bias requires that judges be free not only from subjective personal bias or prejudice, but also from potential public perception of the same. Tribunals must appear in an objective sense to be truly independent and impartial. This perception is essential to maintaining public confidence in the judiciary and the legal system as a whole. The legal system is a central social good in any successful state. Its substantive, as well as apparent, integrity is an important matter.

Porter v Magill

With this in mind, the House of Lords in Porter v Magill [2002] 2 AC 357, [2002] 1 All ER 465, rejected the previous tests of “reasonable likelihood” and “real danger” of apparent bias on the basis that they tended to place too much emphasis on the court’s assessment of the facts, rather than public perceptions. It is, after all, these

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
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