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05 January 2012 / Roderick Ramage
Issue: 7495 / Categories: Blogs
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Law in 101 words

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Snippets from The Reduced Law Dictionary, by Roderick Ramage

Arbitrator not biased

The arbitrator in A v B and X (2011) had previously received instructions from the respective solicitors for each of the parties to the arbitration, and was currently instructed by one of them in proceedings, which had nothing to do with the arbitration. The other solicitors applied to the court to have him removed on the grounds of doubts about his impartiality. The application was dismissed. Clear and credible evidence is needed to meet the common law test of bias under s24(1)(a) of the Arbitration Act 1996. Instructions by one solicitor in another case do not automatically point to a bias.

Barristers’ immunity

1772, R v Skinner: “Neither party, witness, counsel, jury or judge can be put to answer, civilly or criminally, for words spoken in court.”

1967, Rondel v Worsley: no action lay against a barrister for his work in court.

1989, Saif Ali v Sydney Mitchell & Co: a barrister’s immunity from suit extended to preliminary decisions affecting

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