header-logo header-logo

06 November 2008
Issue: 7344 / Categories: Legal News , Profession
printer mail-detail

Judge "not biased" in Palestinian case

Home affairs

A judge who was a member of Jewish association which had expressed extreme views against Palestinian causes was not biased when determining an asylum appeal from a Palestinian applicant.

In Helow v Secretary of State for the Home Department, the House of Lords considered whether natural justice had been breached where a Court of Session judge refused permission to review an application by a Palestinian asylum seeker, who had assisted lawyers investigating the Sabra Shatila massacre in 1982 and was regarded as holding views that were anti-Israeli, anti-Syrian and anti-Lebanese. The judge, Lady Cosgrove, was a member of the International Association of Jewish Lawyers and Jurists.

Lord Hope of Craighead outlined the test of the “fair minded and informed observer”. He found there was little to associate the judge with partisan material in the association’s magazine, and that a judge could be assumed “by virtue of the office for which she has been selected, to be intelligent and well able to form her own views about anything she reads”. Accordingly, there was “no basis on which the observer would conclude that there was a reasonable possibility that the judge was biased”.

Issue: 7344 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll