Bias After Dallaglio

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This article looks at bias after R v Gough [1993] AC 64 and then again after R v West London Coroner, ex p Dallaglio [1994] in which the Court of Appeal, in down playing the importance of appearances, concluded that Lord Hewart's famous aphorism that “[it is] of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done” no longer seemed to be good law. This article looks at the two possibilities this presents, which are (a) Dallaglio misunderstands Gough; or (b) Dallaglio takes Gough to its logical conclusion and it is Gough which is mistaken, and the author suggests that Gough is right and Dallaglio wrong.

Keywords: Dallaglio; Gough; bias; judicial review

Document Type: Research Article

Publication date: June 1, 1996

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  • Judicial Review is now firmly established as the UK's leading journal for lawyers engaged in judicial review, catering for both practitioners and academics. It offers invaluable insights from today's foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for use by practitioners in the prepartation and conduct of applications for judicial review. The journal includes short and accessible items on the law, practice and procedure and recent cases. There is coverage of sub-topics within judicial review such as constitutional change, prison cases, commercial, and environmental judicial review. Other popular features are reviews of the academic literature, surveys of the leading cases, case commentaries and summaries of recent research.

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