||All England Reporter
|| All ER (D) 442 (Oct)
|| EWCA Civ 1218
||Court of Appeal, Civil Division
Lord Phillips MR, Pill and Mummery LLJ
||The claimant appeared in person.
||Sarah Moore (instructed by the Treasury Solicitor) as advocate of the court.
||Philip Sales (instructed by the Treasury Solicitor) for the Lord Chancellor's Department, as interested party.
||30 October 2002
Natural justice - Judge - Bias - Employment appeal tribunal - Part time judge of Employment Appeal Tribunal appearing as advocate before tribunal chaired by different judge sitting with lay members - Lay members having previously sat with part time judge - Whether real possibility of bias existing - European Convention on Human Rights, art 6(1).
There was not a real possibility of bias where a part time judge of the Employment Appeal Tribunal appeared as an advocate before a tribunal chaired by a different judge, sitting with two lay members, one or both of whom had previously sat with the part time judge. The objection amounted to no more than an assertion that a lay member might be more disposed to accept the submissions of one party's legal representative. That was a merely speculative and remote possibility based on an unfounded and condescending assumption that a lay member could not tell the difference between the impartial decision making role played by a tribunal and the adversarial role of the partisan advocates appearing for the parties.
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