Natural Justice (Nemo judex in causa sua. (No man should be judge of his…
Nemo judex in causa sua.
No man should be judge of his own cause.
decision maker has financial interest on subject matter
Dimes vs. Proprietors of Grand Junction Canal
Lord Chancellor Cottenham affirmed several decrees made by Vice Chancellor in favor of cannel company
Actual bias or apparent bias
Test for Apparent Bias
Bias is insidious thing, even though a person may in good faith believe that he
was acting impartially, his mind may be unconsciously affected by bias".
R v Gough
No real danger, real danger of bias is preferable to real likelihood so as to encourage the court to think in terms of the possibility rather than the probability of bias
Decision Maker shows he has been biased
Even if DM has not been biased, but has shown personal/ professional interest
Ex Parte Pinochet
Former president of Chillie's case was heard by a judge, whose wife works with Amnesty International, which worked hard to extradite the former president-dictator to Spain for justice. Case reheard based on apparent bias.
Metropolitan Properties Co v Lannon
Chairman of Rent Committee has both professional and personal interest on subject matter.
Professional- In Past he was solicitor of landlord company
Personal- His father is a tenant of Landlord company, and he lives with his father.
R v Sussex ex parte McCarthy
Conviction of Dangerous driving was quashed when it reveled Judge's clerk was a partner of P's solicitor's firm
-> Reasonable suspicious of bias
Franklin v Minister of Town and Country Planing
If the minister can listen to the objections of citizens, then no matter what his
decision is the decision will be valid even though minister can be bias.