Helow v Secretary of State for the Home Department [2008] UKHL 62, [2008] All ER (D) 222 (Oct)
Where bias is alleged, the question is whether a fair-minded and informed observer (who is neither complacent nor unduly sensitive or suspicious), having considered the relevant facts, would conclude that there existed a real possibility that the judge was biased. The question is one of law, to be answered in the light of the relevant facts, which may include a statement from the judge as to what he knew at the time; although the court is not necessarily bound to accept any such statement at face value, there can be no question of cross-examining the judge on it, and no attention will be paid to any statement by the judge as to the impact of any knowledge on him.
