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Bias: Risk of subconscious bias if part-time EAT judges appear as advocates before EAT

This report relates to 1 case(s)

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    Lawal v Northern Spirit Ltd [2003] IRLR 538 HL (0 other reports)

Key points

  • In Lawal v Northern Spirit Ltd [2003] UKHL 35, the House of Lords holds that the correct test for subconscious bias is whether a fair-minded and informed observer, having considered the given facts, would conclude that there was a real possibility that the tribunal was biased.
  • Applying this test, the practice of allowing part-time judges to appear before the EAT as advocates, where that appeal tribunal includes lay members with whom the advocate has previously sat as a judge, should be discontinued.