header-logo header-logo

06 November 2008
Issue: 7344 / Categories: Legal News , Profession
printer mail-detail

Judge "not biased" in Palestinian case

Home affairs

A judge who was a member of Jewish association which had expressed extreme views against Palestinian causes was not biased when determining an asylum appeal from a Palestinian applicant.

In Helow v Secretary of State for the Home Department, the House of Lords considered whether natural justice had been breached where a Court of Session judge refused permission to review an application by a Palestinian asylum seeker, who had assisted lawyers investigating the Sabra Shatila massacre in 1982 and was regarded as holding views that were anti-Israeli, anti-Syrian and anti-Lebanese. The judge, Lady Cosgrove, was a member of the International Association of Jewish Lawyers and Jurists.

Lord Hope of Craighead outlined the test of the “fair minded and informed observer”. He found there was little to associate the judge with partisan material in the association’s magazine, and that a judge could be assumed “by virtue of the office for which she has been selected, to be intelligent and well able to form her own views about anything she reads”. Accordingly, there was “no basis on which the observer would conclude that there was a reasonable possibility that the judge was biased”.

Issue: 7344 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll