“Justice must not only be done, but must manifestly be seen to be done.”
McCarthy was convicted by justices where the clerk to the justices was a member of the firm of solicitors acting in the prosecution of the case. This created an apparent conflict of interest and bias.
Whether the involvement of a clerk with a financial interest in the outcome of proceedings invalidates the decision on grounds of bias.
The Court of Appeal quashed the conviction, holding that the clerk's involvement created an appearance of bias that was incompatible with natural justice.
This case established one of the most quoted principles in English administrative law regarding apparent bias. It remains the foundation for challenging decisions where there is an appearance of impropriety or bias.
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OSCOLA Citation
R v Sussex Justices, ex p McCarthy [1924] 1 KB 256 (CA)
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