100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached 4.2 TrustPilot
logo-home
Class notes

Lecture notes Constitutional and Administrative Law (LW1120)

Rating
-
Sold
-
Pages
2
Uploaded on
30-08-2021
Written in
2021/2022

lectures on types of bias

Institution
Course








Whoops! We can’t load your doc right now. Try again or contact support.

Connected book

Written for

Institution
Study
Course

Document information

Uploaded on
August 30, 2021
Number of pages
2
Written in
2021/2022
Type
Class notes
Professor(s)
Peter cumper
Contains
All classes

Subjects

Content preview

Constitutional Lecture 30.01.19


 3 different types of bias:
a) Actual (rare)
b) Automatic disqualification
c) Apparent bias
 Actual bias=decision maker actually bias so we can challenge decision they make; (however
it’s rarely encountered since it’s difficult to prove); subjective question; type of bias courts
recognise but in reality it’s rare
 Automatic disqualification bias:
 presumption of bias; e.g. judge/decision maker has financial interest in outcome of
case.
 Financial interestDimes v Grand Junction Canal-judge had pecuniary interest in
outcome of case; Lord Chancellor had big share so it was decided they shouldn’t
have taken that decision and should’ve been automatically disqualified; Lord
Chancellor’s decision was quashed.
 Partly in own cause Pinochet-non-pecuniary interest, Met. Police arrested
Pinochet in London although arrest was issued for Spain, case about whether they
should extradite Pinochet, made all the way to HoL and one of them was Lord
Hoffman, 3:2 (heart by 5 Lords and that they should extradite), found that Lord
Hoffman had relationship with Amnesty Int (who put forward arguments in case),
goes back to HoL and they agree that Hoffman should’ve automatically disqualified
himself (since he was so closely and actively associated), goes back to HoL and
redecided that he should be extradited, BUT in the end he wasn’t due to external
reasons. Due to Pinochet judgment, parameters of this category=uncertain
 Locabail v Bayfield Properties number of cases combined to show what constitutes
automatic disqualification; it does extend beyond pecuniary interest; cases should
be dealt with apparent bias; could outcome of case realistically affect Judge’s
interest (trying to limit)
 Apparent bias:
 have to think about this more; appearance of bias
 Test for apparent bias (Gough) Juror neighbour of one of co-accused; 3 Part test
(courts role)
1. Ascertain circumstances
2. What does court think?
3. Does the court think there was a real danger of bias? (high threshold?)
 Test criticised so didn’t adopt it?
 Medicines case, fixing prices artificially high (drug companies), Retail Price
Maintenance for over counter medicines to be decided by Restrictive Practices Court
(judge plus two members); one of expert members (while trial is ongoing) decides to
ask firm for a job (Frontier Economics who tell Competitional Auth who tells courts
and it reaches High Court), Court of Appeal uses this chance to revise Gough; Change
to Gough in light of HRA. Revised test:
1. Ascertain circumstances
2. What would a fair-minded observer think? (objective)
3. Would a fair-minded observer see a real possibility of bias?
 Magill v Porter- political corruption-trying to win council elections by selling off
counsel houses in marginal wards (conservative party in West Minister) for
votes, unlawful as they were acting for improper purpose, cost council money,
District Auditor wanted to get tax payer money back, £30mn, DA investigates
$11.06
Get access to the full document:

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Get to know the seller
Seller avatar
reshmabegum

Get to know the seller

Seller avatar
reshmabegum University of Leicester
Follow You need to be logged in order to follow users or courses
Sold
0
Member since
4 year
Number of followers
0
Documents
18
Last sold
-

0.0

0 reviews

5
0
4
0
3
0
2
0
1
0

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Frequently asked questions