Source: All England Reporter
Publisher Citation: [2007] All ER (D) 170 (Nov)
Neutral Citation: [2007] UKPC 62
Court: Privy Council
Judge:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Mance and Lord Neuberger of Abbotsbury
Judgment Dates: 8 November 2007

Catchwords

Natural justice - Judge - Bias - Fair trial - Sultan of Brunei Darussalam introducing legislative changes requiring proceedings involving criticisms of him to be in camera - Legislative changes brought in just before proceedings in dispute between Sultan and brother - Whether judges in Brunei Darussalam having appearance of bias - Whether new legislative changes precluding fair hearing.

The Case

In proceedings involving the Sultan of Brunei Darussalam and his brother, the Chief Justice and the Court of Appeal of Brunei Darussalam were not disqualified from hearing the case by apparent bias, simply by reason of legislative changes introduced by the Sultan requiring, inter alia, proceedings involving criticisms of him to be held in camera. The legislative changes did not render unfair the hearing of an application for summary enforcement of the settlement agreement against the Sultan's brother.

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