The defendant appealed against a confiscation order, saying that the judge having previously expressed strong contrary views of the defendant, should have recused himself from the application, because of the appearance of bias. The judge had remarked that the defendant: ‘was not an honest or attractive witness; that he would not recognise the truth if it stood up and bit him; that he was a deeply, deeply dishonest man and that he was dishonest through and through.’
 EWCA Crim 709
England and Wales
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – Millar v Dickson PC 24-Jul-2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that . .
Cited – Oni v NHS Leicester City EAT 12-Sep-2012
EAT PRACTICE AND PROCEDURE – Costs
The Employment Tribunal should have recused itself from hearing an application for costs, given opinions which it expressed when giving reasons for deciding the case . .
These lists may be incomplete.
Updated: 23 January 2021; Ref: scu.226258