EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
An appeal alleged bias (actual and apparent) where the EJ had given evidence 7 years earlier in a possession action brought by the local authority against a former partner of his, to which he was not party, and had shortly thereafter had a charging order placed on residential property he owned together with his partner in respect of her liability for the costs of that action. The order had been discharged by payment of the debt on the day of a hearing to grant a power of sale to enforce the order, in respect of which the judge had noted his desire to appear to object to sale. He had not disclosed these circumstances to the parties. A finding of unfair dismissal was made by the ET, and no appeal made against that other than on grounds of bias. Antipathy to the Authority was (it was said) supported by making a decision as to absence of contribution in favour of the claimant, without first inviting submissions, and by one overstatement of evidence in favour of the claimant. Held that on the established test there was no realistic possibility of bias.
Judges:
Langstaff J P
Citations:
[2012] UKEAT 0581 – 11 – 0205
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459937
