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06 November 2008
Issue: 7344 / Categories: Legal News , Profession
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Judge "not biased" in Palestinian case

Home affairs

A judge who was a member of Jewish association which had expressed extreme views against Palestinian causes was not biased when determining an asylum appeal from a Palestinian applicant.

In Helow v Secretary of State for the Home Department, the House of Lords considered whether natural justice had been breached where a Court of Session judge refused permission to review an application by a Palestinian asylum seeker, who had assisted lawyers investigating the Sabra Shatila massacre in 1982 and was regarded as holding views that were anti-Israeli, anti-Syrian and anti-Lebanese. The judge, Lady Cosgrove, was a member of the International Association of Jewish Lawyers and Jurists.

Lord Hope of Craighead outlined the test of the “fair minded and informed observer”. He found there was little to associate the judge with partisan material in the association’s magazine, and that a judge could be assumed “by virtue of the office for which she has been selected, to be intelligent and well able to form her own views about anything she reads”. Accordingly, there was “no basis on which the observer would conclude that there was a reasonable possibility that the judge was biased”.

Issue: 7344 / Categories: Legal News , Profession
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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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