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My impression from reading the decision is that the court thought the trial judge very foolish (and accordingly gave him a dressing down) but reckoned that the decision was very likely the right one; and that the amounts involved were such that allowing the appeal and having a fresh trial would be a peculiarly harsh outcome for both sides, as a new trial would likely reach the same conclusion, but at twice the cost.

Being clever folk, the appeal judges were able to dress up the decision as one of principle, rather than pragmatism. As the discussion in these pages shows, the decision on the principle is not as clean as it might be, but in practical terms surely the right decision was reached? I doubt the case adds anything much to jurisprudence on bias and apparent bias, these being rather fact specific questions.

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