Bias

Question 1

2 fundamentals of fair procedures

Answer 1

1 Nemo in cause sua

2) Audi alteram partem

Question 2

Rational and roots

Answer 2

Purpose- to ensure person or bodies under a duty to act judicially — to abide by principles of natural justice to act in

Disinterested and impartial manner

Question 3

Types

Answer 3

3 types

Automatic , objective , subjective

Question 4

Principles and test

Answer 4

Set out in Orange Ltd v director of telecommunications regulations 2000

TEST:

“Where there is a reasonable apprehension or suspicion of bias”

Question 5

Family relationship

Answer 5

O’Reilly v Cassidy

Barrister- daughter of presiding judge
Objective bias

Kenny v TCD

One of 3 sc judges— brother of principal in architectural firm

Involved in obtaining the granting of planning permission

Kelly v tcd 2007

TCD student - bullying allegation
Adjudicator - retired professor of TCD— no objective bias

Question 6

Prior involvement

Answer 6

Dublin well woman centre Ltd v Ireland

Plaintiff — applied to hc— to have an earlier injunction — in regards to information about abortion

Carroll j— chairperson of council for the Statius of women

Held — objective bias