Broughal v Walsh Brothers Builders Ltd and another

Natural justice – Judge. There had been no basis for the informed observer to have apprehended a real danger of bias because the judge had refused the appellant permission to appeal on the papers and then dismissed his appeal after a substantive hearing, permission having subsequently been granted at an oral hearing by a different judge. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had applied the required test and there was nothing in the terms of her decision to indicate that she would not be open to further argument and persuasion were the matter to be restored to her for an oral hearing or were she assigned to hear the full appeal.

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