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30 October 2008
Issue: 7343 / Categories: Case law , Law digest
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Judiciary bias

Helow v Secretary of State for the Home Department [2008] UKHL 62, [2008] All ER (D) 222 (Oct)

Where bias is alleged, the question is whether a fair-minded and informed observer (who is neither complacent nor unduly sensitive or suspicious), having considered the relevant facts, would conclude that there existed a real possibility that the judge was biased. The question is one of law, to be answered in the light of the relevant facts, which may include a statement from the judge as to what he knew at the time; although the court is not necessarily bound to accept any such statement at face value, there can be no question of cross-examining the judge on it, and no attention will be paid to any statement by the judge as to the impact of any knowledge on him.
 

Issue: 7343 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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