angelafarrell

Angela Farrell Solicitor Dublin Ireland

The Right to an Impartial Hearing

 

The courts service owe a duty of impartiality to litigants and to the public A Judge must evaluate the dispute by reference to the general rules whether of law or factual reasoning which are accepted independently

Locabail (UK Limited v Bayfield Properties Limited 200 QB451 at 457 2000 1 AER 65  at 69

All legal arbiters are bound to apply the law as they understand it to the facts of individual cases as they find them They must do so without fear or favour affection or ill will  that is without partiality or prejudice Justice is portrays as blind not because she ignores the faces and circumstances of individual case  but because she shuts her eyes to all factors extraneous to the particular case.The Common Law insists not only on the absence of bias but ALSO  on the ABSENCE OF ANY  appearance of bias.; Lord Hewart CH Rv Sussex Justices Exp Mc Carthy 1924 1 KB256 at 259.It is of fundamental import  that justice should not only be done but be seen to be done .It is inconceivable that Common Law would tolerate partiality

February 20, 2011 - Posted by | Uncategorized

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