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BIAS

May 13th, 2025 by James Goudie KC

The test for apparent bias is very well known. The question is whether the (i) “ fair-minded “ and (ii) informed observer, having considered the facts, would conclude that there was a “ real possibility “ that the tribunal was biased. The judicial bias case of GOSALAKKAL v UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST (2025) EAT 64 ( Lord Fairley P ) is a reminder (paras 65/66) that the “fair-minded observer” test necessitates a “ close focus on the facts and the context” and is an illustration ( paras 76-80 inc) of the importance of identifying the proper context when determining whether the facts are capable of forming the basis for an inference of bias.

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