Index for "5th edition, Chapter 9"
In Porter v Magill the House of Lords laid
down a test for bias which makes reference to the
reasonable man. As to what constitutes the
reasonable man for the purpose of this test see the
judgment of ...
Article 6 requires a tribunal falling within
its scope to be impartial. Impartiality normally
denotes absence of prejudice or bias and its
existence or otherwise can be tested in various
ways. The Cou...
As the case of Michel v. The Queen (The Court
of Appeal of Jersey)
[2009] UKPC 41 demonstrates, even a legally
qualified judge can sometimes be tempted to misuse
his position by appearing to act as a ...
The role of the Justices’ Clerk in the
magistrates’ courts is now dealt with in the
Consolidated Criminal Practice Direction as
follows: -- (V.55.3) -- It shall be the
responsibility of the legal ...
‘A statutory body, such as the Tribunal, has
only such powers as Parliament has conferred on it.
However, it may not be confined to the powers
expressly conferred. It is lawful for it to do what
the...
‘In my judgment, the procedure of the Tribunal
included their withdrawing to consider their
decision in private with their clerk and her role
in this case. Mr Beaumont submitted that the
procedure o...
The EctHR has held that the object of the term
“established by law” in Article 6 of the Convention
is to ensure “that the judicial organisation in a
democratic society does not depend on the dis...
