“Apparent bias test: would fair-minded, informed observer conclude there was real possibility of bias?”
Dame Shirley Porter, leader of Westminster City Council, implemented a policy of selling council houses in marginal wards to increase Conservative voting support. The District Auditor found wilful misconduct and surcharged her. Porter challenged, alleging the auditor was biased.
What is the appropriate test for apparent bias in administrative decision-making, and whether the District Auditor's investigation demonstrated such bias.
The House of Lords dismissed Porter's appeal, holding that the District Auditor was not biased. The court established the 'fair-minded and informed observer' test for apparent bias.
This case established the definitive modern test for apparent bias in UK administrative law. The 'fair-minded and informed observer' test has become the standard approach across administrative and judicial contexts, providing clarity and consistency in bias determinations.
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OSCOLA Citation
Porter v Magill [2001] UKHL 67
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