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

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2009

Abstract

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

Goudkamp, James, Apparent Bias: Helow v. Secretary of State for the Home Department (2009). James Goudkamp, ‘Apparent Bias: Helow v Secretary of State for the Home Department’ (2009) 28 Civil Justice Quarterly pp.183–190.. Available at SSRN: https://ssrn.com/abstract=2740318

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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