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I found this case disturbing on reading the full report yesterday. The judge is roundly criticised for his conduct in speaking to counsel for one party on his own and the events that followed. The basis of that criticism must be that it gives rise to the appearance of bias - that is what is being criticised. But, it is then said, it doesn't. That does not follow and the decision is wrong on the face of it.

The fact that the judge's daughter was undergoing a mini-pupillage in counsels' chambers was agreed and cannot be said to give rise to any appearance of bias as a result. The judge then invited counsel into chambers for a private discussion on a personal matter, agreed, but then he went beyond that, which is not acceptable, whether or not it occurs elsewhere, or "all the time".

It seems likely that the substantive case had its problems, but if we are to have a judiciary and legal system that commands respect, "pragmatic" approach notwithstanding.

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