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27 Cards in this Set
- Front
- Back
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Nemo iudex in causa sua |
Latin phrase - no man should be a judge in his own cause |
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Orange Communications Ltd v Director of Telecoms (No.2) |
Definition of bias: "...any relationship, interest or attitude which actually did influence or might be perceived to have influenced a decision..." |
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O'Ceallaigh v An Bord Altranais |
The fact that the Chairman of the Board and the independent expert witness had worked in the same hospital was not sufficient to give rise to an apprehension of bias - an extra "element or factor was required |
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Dimes v Grand Junction Canal |
Decision set aside because Lord Chancellor held a substantial number of shares in the defendant company |
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People (AG) v Singer |
CCA ordered a retrial on a fraud charge because the foreman of the jury had been an investor in the company |
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Doyle v Croke |
Strike Committee's division of settlement payment to employees who had "adequately performed picket duties" was invalid because they had a financial interest as former employees |
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Dublin & County Broadcasting v IRTC |
Although Committee member had a legal right in shares in a company which successfully obtained a broadcasting contract, there was no bias because he had previously sought to divest them and believed he had done so |
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Goode Concrete v CRH plc |
At the start of trial, Cooke J stated that he may have held some shares in the defendant's company in his pension fund - further shares were purchased on his behalf later. SC ruled that this gave rise to objective bias |
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R v Gough |
House of Lords stated the automatic disqualification principle where the judge is a party to the cause or has a relevant interest |
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R v Bow Street Magistrates ex parte Pinochet |
House of Lords set aside its decision to extradite a Chilean dictator because one of the judges had been a director of Amnesty International and as such a party to the cause |
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R (Donoghue) v Cork County JJ |
Magistrate stated after case that he would not leave any member of the accused's family in the district - conviction quashed based on personal attitude |
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R (Kingston) v Cork County JJ |
Evicted farmer brought assault charges against purchaser. The fact that the Magistrate's Bench contained 2 members of the Land League which had organised rent boycott meant that decision had to be set aside for bias |
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State (Fagan) v Governor Mountjoy Prison |
McMahon J stated that if the Deputy Governor had witnessed the incident in question, he may have formed an impression of the facts as distinct from the evidence given at the inquiry |
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O'Reilly v Judge Cassidy (No.1) |
Circuit Court judge was father of counsel for one of the parties - Finlay CJ ruled that as long as there was not objection, the case could continue to be heard |
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Emerald Supplies v British Airways |
Judge used case to personally critique British Airways procedures and was forced to recuse himself |
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Heneghan v Western Regional Fisheries Board |
Dismissal of a fisheries inspector was set aside because main disciplinary had acted as witness, judge, jury and appeal |
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O'Callaghan v Disciplinary Tribunal |
The same person sat at both the prima facie and substantive stages of the Solicitor's Disciplinary Tribunal, however there was no bias because the nature of the decision was different |
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Tomilson v Criminal Injuries Compensation Tribunal |
Award included a deduction based on insurance benefits received but this was a pre-judgment and set aside |
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S.24 Courts of Justice Act 1924 |
Prohibits judges from sitting as a member of the court of appeal where he previously presided over the case |
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Kelly v Visitors of Trinity College |
The fact that the Professor had an obligation to vindicate the best interests of the college did not make it likely that she would favour a member of staff over a student |
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Dublin Well Woman Centre v Ireland |
SC found apparent bias where Carroll J heard the application despite being Chairwoman of the Commission for the Status on Women and having written a submission to the government regarding the availability of abortion information |
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Bula Ltd v Tara Mines Ltd |
Application to have SC decision set aside because two SC members had previously given legal advise to one of the parties. Denham J: test for apparent bias is whether the reasonable person would have a reasonable apprehension in the circumstances McGuiness J: cogent and rational link between association and influence - no such link in the case |
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Kenny v Trinity College Dublin |
The fact that a central witness was an architectural firm in which one of the judge's brother's was a partner raised a reasonable apprehension of bias. Denham J's test in Bula was applied. |
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Keegan v Judge Kilrane |
Judge had previously represented the party on a number of occasions in relation to similar offences. Legal professional privilege enables a legal representative to gain greater insight into a party, and so they should not act as judge at a later date. |
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O'Neill v Beaumont Hospital Board |
Members of board had been involved in negotiations prior to decision - by necessity, only the "most tainted" board members had to be removed |
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Corrigan v Irish Land Commission |
Although the same Land Commissioner had certified a compulsory purchase order and upheld it on appeal, the plaintiff was "well aware" and so had waived his right to claim bias |
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O'Neill v Irish Hereford Breed Society |
Although plaintiff had legal representation, he was not "well aware" of all relevant circumstances in waiving right to claim bias |
