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20 March 2026 / Nicholas Dobson
Issue: 8154 / Categories: Features , Profession
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All’s well that ends well?

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Nicholas Dobson on judicial shortcomings & Shakespeare

As eminent British lawyer and judge, the late Robert Megarry, remarked in his 2005 book, A New Miscellany at Law: ‘For centuries England has been fortunate in the judges that it has produced’. While that remains so, there have been occasional instances of judges falling slightly short.

The appearance of bias

Apart from matters like offensive or controversial social media posts, violating the dignity of judicial office, there is also apparent bias, as in R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No 2) [2000] 1 AC 119. There, the House of Lords set aside its own decision because Lord Hoffmann was connected to Amnesty International, an intervener in the case against the former Chilean dictator. While there was no suggestion of actual bias, there was nevertheless the appearance of bias.

More recently, Mr Justice Turner, in R (on the application of Ladybill Ltd) v Sheffield Magistrates Court [2025] EWHC 1169 (Admin), was satisfied that a district judge’s reasons for refusing to recuse himself were such as would lead

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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