Samer Alabboud Alhasan, R (on the application of) v Director of Legal Aid Casework & Anor

A judge's judicial oath is a protection against bias, but not a sufficient guarantee against unconscious bias, especially if they have publicly expressed strongly held views on relevant matters.

Higgs v Farmor’s School [2022] EAT 101 at §48

A judge's employment background or prior representation of parties usually does not create an appearance of bias.

Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451 at §25, Siddiqui v University of Oxford [2016] EWHC 3451 (QB)

Prior judicial decisions usually do not create an appearance of bias; adherence to prior opinions doesn't show lack of open-mindedness.

Locabail at §25, Davidson v Scottish Ministers (2004) SLT 895 at §10

Prior involvement might suggest bias only if it would lead a fair-minded observer to believe the judge's mind is closed; factors include nature and proximity of issues and terms of prior determination.

Stubbs v The Queen [2018] UKPC 30 at §16, Mengiste v Endowment Fund for the Rehabilitation of Tigray and others [2013] EWCA Civ 1003

A judge's prior legal opinion given as counsel usually does not create an appearance of bias.

Kartinyeri v Commonwealth of Australia (cited in Davidson)

It is not inappropriate for judges to write extra-judicially; the tone of the opinion and whether it suggests preconceived views are key.

Locabail at §§88-89 and Hoekstra (No 3) (2000) JC 391

The test for apparent bias is whether a fair-minded and informed observer would conclude there's a real possibility of bias.

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