Source: All England Reporter
Publisher Citation: [2005] All ER (D) 300 (Apr)
Court: Divisional Court
Judge:

Brooke LJ and David Steel J

Representation Julian Coningham of Coninghams Solicitors, Twickenham for the claimant.
  John Hardy (instructed by the Crown Prosecution Service) for the interested party.
Judgment Dates: 21 April 2005

Catchwords

Administrative law - Natural justice - Fair hearing - Bias - District judge.

The Case

In determining whether or not there was an appearance of bias, there was no fine distinction turning on whether or not there was a plea of guilty. In the instant case, there had been an appearance of bias in the procedure. The court added per curiam that there was a need for a protocol ensuring that judges accused of bias in the magistrates' courts received representation when the accusation was heard in the High Court.

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