- Followed — Farid el Diwany v Solicitors Regulation Authority 2023-07-26
“… be set aside if it was affected by either actual or apparent bias. The test for apparent bias was established by Lord Hope in Porter v. Magill [2001] UKHL 67, [2002] 2 AC 357 at [102]-[103] as follows:…”
- Cited — H (A Child) (Recusal), Re 2023-07-24
“…ces would lead a fair-minded and informed observer to conclude that there was a real possibility that the judge was biased: see Porter v Magill [2001] UKHL 67, [2002] 2 AC 357, paragraphs 102-103.”…”
- Applied — H (A Child) (Recusal), Re 2023-07-24
“…failed properly to apply the test in Porter v Magill [2002] 2 AC 357 to the circumstances of the case and was wrong in law in finding that that there was an appearance of bias created by Judge McPhee in a number of case manageme…”
- Followed — H (A Child) (Recusal), Re 2023-07-24
“… law in this jurisdiction has traditionally been expressed in the language of bias. The question was formulated by Lord Hope in Porter v Magill [2001] UKHL 67, [2002] 2 AC 357 at [103] as follows:…”
- Cited — K and L (Children: Fairness of Hearing) 2023-06-20
“…ces would lead a fair-minded and informed observer to conclude that there was a real possibility that the judge was biased: see Porter v Magill [2001] UKHL 67, [2002] 2 AC 357, paragraphs 102-103."…”
- Cited — UCP Plc v Nectrus Limited 2022-07-11
“…The test applicable in a case of apparent bias was common ground. It was established by Lord Hope at [102]-[103] in Porter v. Magill [2002] 2 AC 357 (Porter v. Magill). The test so established was:…”
- Cited — Re AZ (A Child) (Recusal) 2022-07-05
“…ces would lead a fair-minded and informed observer to conclude that there was a real possibility that the judge was biased: see Porter v Magill [2001] UKHL 67; [2002] 2 AC 357, paras 102-103.”…”
- Considered — Greetham v Greetham 2022-01-28
“… on grounds of apparent bias. He raised each of the complaints made by Andrew in his application notice, referred to the test in Porter v Magill[2001] UKHL 67, [2002] 2 AC 357, namely, whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was bia…”
- Cited — W (Children: Reopening/recusal) 2020-12-15
“…in Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451 at [2-3], Re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700, and Porter v Magill [2002] 2 AC 357 at [103], as recently endorsed by the Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd. [2020] UKSC 48 at [52-53] and [68].…”
- Considered — C (A Child) 2020-07-24
“…e law is well established and it is unnecessary to rehearse it in this short judgment. The test for actual or perceived bias is that set out in Porter v Magill [2002] 2 AC 357 at [102]; namely whether the fair minded and informed observer, having considered the facts, would conclude that there is a real possibility that the judge was…”
- Cited — Bubbles & Wine Ltd v Lusha 2018-03-14
“…ces would lead a fair-minded and informed observer to conclude that there was a real possibility that the judge was biased: see Porter v Magill [2001] UKHL 67; [2002] 2 AC 357, paras 102-103. Bias means a prejudice against one party or its case for reasons unconnected with the legal or factual merits of the case: see Flaherty v Natio…”
- Considered — Miller & Anor v The Health Service Commissioner for England 2018-02-15
“…Jackson LJ cited the speech of Lord Hope in Porter v Magill [2002] 2 AC 357 to identify the test: the question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibil…”