Archive for the 'bias' Category

Michel v The Queen – WLR Daily

Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312

“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”

WLR Daily, 4th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Retrial ordered for crash couple – BBC News

“A judge has ordered a retrial in a case of causing death by dangerous driving after a juror was overheard making comments judged to be biased.”

Full story

BBC News, 27th March 2009

Source: www.bbc.co.uk

Regina v Cole – Times Law Reports

Regina v Cole

Court of Appeal (Criminal Division)

“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department and Another – Times Law Reports

Helow v Secretary of State for the Home Department and Another

House of Lords

“A judge’s membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist.”

The Times, 5th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Haase) v Independent Adjudicator and Another – Times Law Reports

Regina (Haase) v Independent Adjudicator and Another

Court of Appeal

“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”

The Times, 28th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department – WLR Daily

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Channel 4 ruled ‘unjust and unfair’ in climate change documentary – The Guardian

“Ofcom has ruled that Channel 4 breached broadcasting codes on impartiality and was ‘unjust and unfair’ in the way it represented individuals in its controversial documentary The Great Global Warming Swindle.”

Full story

The Guardian, 21st July 2008

Source: www.guardian.co.uk

Judge who sentenced animal rights activist was fan of blood sports – The Independent

“A man found guilty at the end of the longest animal rights trial in legal history has launched an appeal, claiming the judge should not have heard the case because of his interest in blood sports.”

Full story

The Independent, 10th July 2008

Source: www.independent.co.uk

R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216

“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”

WLR Daily, 2nd July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

IPCC questions for police inquiry – BBC News

“Dyfed-Powys Police is to be examined over claims it failed to properly look at allegations against a friend of former chief constable Terry Grange.”

Full story

BBC News, 5th June 2008

Source: www.bbc.co.uk

El Farargy v El Farargy and Others – Times Law Reports

El Farargy v. El Farargy and Others

 Court of Appeal

“Where the appearance of justice was at stake, it was better that justice be done independently by another, rather than require a judge to sit in judgment of his own behaviour.”

The Times, 23rd November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Judge ordered off divorce case after ‘flying carpet’ jibe – The Guardian

“A high court judge who made allegedly mocking remarks about a sheikh involved in a multi-million pound divorce was today ordered to step down from the case.”

Full story

The Guardian, 15th November 2007

Source: www.guardian.co.uk

ASM Shipping Ltd of India v. Harris and Others – Times Law Reports

Arbitrators not tainted by association

ASM Shipping Ltd of India v Harris and Others

“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”

The Times, 6th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Steadman-Byrne v. Amjad and Others – Times Law Reports

Challenge to bias must be made immediately

Steadman-Byrne v Amjad and Others

Court of Appeal

“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”

The Times, 30th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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