Lecture 15- Rule against bias
as another Judicial review ground
Rule against bias
Cannot have decision maker who is biased
Four sub rules-
I. Rule Against actual bias
Decision must be quashed
II. Judging against in own cause
Cannot be both judicator and party
III. Rule against monetary interest
IV. Rule against appearance of bias
Decision cannot stand if someone made it look biased
I) Rule Against actual bias
R v Sussex Justices, ex p McCarthy [1924]
“It is not merely of some importance, but is of fundamental importance that justice
should not only be done, but should manifestly and undoubtedly be seen to be done”.
(Per Lord Hewart)
Dimes v Grand Junction Canal Proprietors (1852)
Litigation over a canal for over 20 yrs
Lord Chancellor approved orders made by lower court
Turn out that LC had shares in Canel company, hence was for his personal interest
HoL- decision had to be overturned
“No one can suppose that Lord Cottenham could be, in the remotest degree, influenced
by the interest that he had in this concern; but, my Lords, it is of the last importance
that the maxim that no man is to be a judge in his own cause should be held sacred…
This will be a lesson to all inferior tribunals to take care that in their decrees they are
not influenced by their personal interest, but to avoid the appearance of labouring
under such an influence”. (Per Lord Campbell)
not case of appearance of bias but rule of judging for own cause (personal interest)
or rule for monetary interest
II) Rule against appearance of bias
test of reasonable suspicion
R v Gough [1993]
after criminal trial, one member of jury realized that she lived next to the def. brother
correct test was real danger appliance- matter of possibility of bias rather than
probability
real danger of bias/new actual bias test:
court has to investigate full danger of bias on all the circumstances
not objective.
as another Judicial review ground
Rule against bias
Cannot have decision maker who is biased
Four sub rules-
I. Rule Against actual bias
Decision must be quashed
II. Judging against in own cause
Cannot be both judicator and party
III. Rule against monetary interest
IV. Rule against appearance of bias
Decision cannot stand if someone made it look biased
I) Rule Against actual bias
R v Sussex Justices, ex p McCarthy [1924]
“It is not merely of some importance, but is of fundamental importance that justice
should not only be done, but should manifestly and undoubtedly be seen to be done”.
(Per Lord Hewart)
Dimes v Grand Junction Canal Proprietors (1852)
Litigation over a canal for over 20 yrs
Lord Chancellor approved orders made by lower court
Turn out that LC had shares in Canel company, hence was for his personal interest
HoL- decision had to be overturned
“No one can suppose that Lord Cottenham could be, in the remotest degree, influenced
by the interest that he had in this concern; but, my Lords, it is of the last importance
that the maxim that no man is to be a judge in his own cause should be held sacred…
This will be a lesson to all inferior tribunals to take care that in their decrees they are
not influenced by their personal interest, but to avoid the appearance of labouring
under such an influence”. (Per Lord Campbell)
not case of appearance of bias but rule of judging for own cause (personal interest)
or rule for monetary interest
II) Rule against appearance of bias
test of reasonable suspicion
R v Gough [1993]
after criminal trial, one member of jury realized that she lived next to the def. brother
correct test was real danger appliance- matter of possibility of bias rather than
probability
real danger of bias/new actual bias test:
court has to investigate full danger of bias on all the circumstances
not objective.
