How does it look?

© Copyright LexisNexis 2026. All Rights Reserved.

20 June 2013 / Rowan Pennington-Benton , James Guthrie KC

Issue: 7565 / Categories: Features , Public

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170886798

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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How does it look?

© Copyright LexisNexis 2026. All Rights Reserved.

170886798

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

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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