Cases - Director-General of Fair Trading v Proprietary Association of Great Britain
Record details
- Name
- Director-General of Fair Trading v Proprietary Association of Great Britain
- Date
- [2000]
- Citation
- AII ER (D) 2425
- Legislation
- Keywords
- Arbitration - arbitrator - bias - test for bias- Human Rights Act 1998
- Summary
-
Following the enactment of the Human Rights Act 1998, incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms into English domestic law, the old R v Gough test for apparent bias requires a 'modest adjustment': whether the material circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility that the arbitrator was biased.