Porter v Magill

Facts

Council leaders were found liable for selling council houses to win votes. They argued that the auditor who decided the case appeared biased.

Issue

What is the test for apparent bias, and was it met?

Held

The test was not met, and the surcharge was upheld.

Principle

The question is whether a fair-minded and informed observer, having considered the facts, would conclude there was a real possibility of bias.

Why it matters

The modern test of apparent bias.

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