Apparent Bias: Helow v. Secretary of State for the Home Department
James Goudkamp, ‘Apparent Bias: Helow v Secretary of State for the Home Department’ (2009) 28 Civil Justice Quarterly pp.183–190.
6 Pages Posted: 1 Mar 2016
Date Written: 2009
Appraises the House of Lords judgment in Helow v Secretary of State for the Home Department, reported as Helow v Advocate General for Scotland, on whether a judicial decision was tainted by apparent bias. Considers the Court's decisions on: (1) whether inactive membership of an association implied support of the association's views; (2) whether the non-disclosure of such membership by a judge would create an appearance of bias; and (3) the qualities of the fictitious and fair-minded observer. Considers the pros and cons of attributing the observer with judicial sensibilities.
Keywords: civil procedure, judicial bias, judicial independence, waiver
JEL Classification: K41
Suggested Citation: Suggested Citation