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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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