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ARTICLE · 16 JANUARY 2007

Bias And Didactic Dogs

Bias seems to have gone to the dogs recently. Not only did we have Collins J in Island Farm ([2006] EWHC 2189 (Admin)) taking a different approach from that of Richards J (as he then was) in Georgiou ([2004] EWHC 779 (Admin)), but we now have the 21 December 2005 decision of Lindsay J in Condron v National Assembly for Wales ([2005] EWHC 3007) shot down in (respectful) flames. Has someone got it in for bias?

United KingdomGovernment, Public Sector
Nicholas Dobson
Nicholas Dobson
Bias seems to have gone to the dogs recently. Not only did we have Collins J in Island Farm ([2006] EWHC 2189 (Admin)) taking a different approach from that of Richards J (as he then was) in Georgiou ([2004] EWHC 779 (Admin)), but we now have the 21 December 2005 decision of Lindsay J in Condron v National Assembly for Wales ([2005] EWHC 3007) shot down in (respectful) flames. Has someone got it in for bias?

Well no. For Richards LJ (as he now is) on 7 November 2006 in Condron v National Assembly for Wales and another [2006] EWCA Civ 1573 did not in fact depart from the fundamental principles of bias but essentially highlighted some key ingredients of the proper approach as noted in (amongst others) Flaherty v National Greyhound Racing Club Ltd. [2005] EWCA Civ 1117 (see my 2006 Weekend School Paper). And the Club in question was as near as bias got to the dogs.

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