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06 November 2008
Issue: 7344 / Categories: Legal News , Profession
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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
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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