In considering whether a complainant had had a fair hearing in a domestic tribunal, the court may consider the identity or status of an ‘outsider’ whose his identity or status, even though he remains silent, may operate to influence the tribunal. This might be where the ‘outsider’ has the power to decide whether the tribunal members hold office. The ‘brooding presence’ in this class of case gives rise to a challenge grounded on bias; actual bias if it is found that the silent presence influences the deliberations, or apparent bias if a fair minded and independent observer would conclude there was a real possibility of such influence occurring.
Judges:
Sedley J
Citations:
[1997] EWHC Admin 942
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Lists of cited by and citing cases may be incomplete.
Natural Justice
Updated: 06 August 2022; Ref: scu.137887