Source: All England Reporter
Publisher Citation: [2002] All ER (D) 442 (Oct)
Neutral Citation: [2002] EWCA Civ 1218
Court: Court of Appeal, Civil Division

Lord Phillips MR, Pill and Mummery LLJ

Representation 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.
Judgment Dates: 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).

The Case

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.

Practice Areas

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