07 December 2012
JSC BTA Bank v Ablyazov and others [2012] EWCA Civ 1551, [2012] All ER (D) 327 (Nov)
Established law from the leading domestic case stated that if appropriate disclosure had been made by the judge, a party raised no objection to the judge hearing or continuing to hear a case, then that party could not thereafter complain of the matter disclosed as giving rise to a real danger of bias. It would be unjust to the other party and undermine both the reality and the appearance of justice to allow him to do so. Further, it was to be emphasised that silence added to participation in the proceedings amounted to a waiver.
