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24 May 2013
Issue: 7561 / Categories: Case law , Law digest , In Court
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Human rights

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R (on the application of Barclay and another) v Secretary of State for Justice and others [2013] EWHC 1183 (Admin), [2013] All ER (D) 123 (May)

It was well established that Art 6 of the European Convention on Human Rights required a judge to be impartial and independent of the executive and legislative powers of the state, as well as the parties to a case. In determining whether there was that requisite degree of independence, regard had to be had to: (i) the manner of appointment; (ii) the duration of the term of the office; (iii) the conditions of the office; (iv) the provisions for removability; and (v) the existence of guarantees against outside pressure. It had to be shown that, on an objective basis, there was the appearance of independence and impartiality.

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