ABSTRACT

In his judgment in Locabail, Lord Bingham of Cornhill C.] stated that ... When applying the test of real danger or possibility (as opposed to the test of automatic disqualification under the Dimes case, 3 HL Cas 759 and Ex parte Pinochet (No 2) [2000] 1 AC 119) it will very often be appropriate to inquire whether the judge knew of the matter relied on as appearing to undermine his impartiality, because if it is shown that he did not know of it the danger of its having influenced his judgment is eliminated and the appearance of possible bias is dispelled ... In any case giving rise to automatic disqualification on the authority of the Dimes case, 3 HL Cas 759 and Ex parte Pinochet (No.2) [2000] 1 AC 119, the judge should recuse himself from the case before any objection is raised ...