Challenging A Judge Or Arbitrator For Bias

The requirements for a challenge to a decision on the grounds of bias are the same irrespective of whether the challenge concerns a judge or an arbitrator. However, the approach taken by the courts is different when the challenge is to a judge rather than to an arbitrator. Both are, obviously, relevant to insurers.

To challenge a judge the applicant must prove that the circumstances would "lead a fair minded and informed observer to conclude that there was a real possibility… that the tribunal was biased". In England and Wales there are close links between the judiciary and the Bar. The Bar Council is currently considering the propriety of advocates with conditional fee agreements appearing before a recorder from the same chambers.