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• 14 Feb 2022

• Yes

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  Yes. An FTT must always avoid ‘bias’.

  The ‘fair minded and informed observer’ test applies as set out in Porter v Magill [2001] UKHL 67 #103. 

  But bias was not established where a judge who sat on an earlier unsuccessful disability discrimination appeal sat on a SEND case, even though he raised inconsistencies between evidence he heard in the previous case and evidence in the present case: SG v LB Bromley [2013] UKUT 619 (AAC) #42-55. 

  Go to Glossary

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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