Judicial Review - Procedural Impropriety (Bias)

Question 1

Definition

Answer 1

Lord Diplock in CCSU V MCS - This ground of review focuses on ensuring decisions made are in line with the principles of natural justice/procedural fairness

Question 2

Bias

Answer 2

Decision makers must be impartial and must step aside if they are not

Question 3

Actual Bias

Answer 3

Decision maker is forced to recuse themselves if it is found they held bias following the decision being made

Red River - Courts will refer claimant to the other 2

Question 4

Automatic Disqualification

Answer 4

If there exist certain circumstances where likelihood of bias is high enough, no evidence will be required and the decision maker will be cut out of the decision straight away

Dimes - Judge had financial interest and was automatically disqualified

Pinochet - Interest need not only be financial, there are others

Question 4

Apparent Bias

Answer 4

The test of apparent bias derives from Porter V Magil and asks would the fair minded and informed observer conclude that there was a real possibility that the tribunal was biased?