R v. Bow Street Stipendiary Magistrate, ex p. Pinochet (No 2) [1999]

Applicant former Chilean Head
of State.
House of Lords had held he
could be extradited to Spain in respect of acts done while Head of State.
Pinochet challenged decision
on ground that one of law lords that heard case was a Director and Chairman of
charitable wing of Amnesty International.
AI had been given leave to
intervene in proceedings and had argued Pinochet should be extradited.
House of Lords said principle
that judge was automatically disqualified from hearing matter in his own cause
was not restricted to cases where judge had pecuniary interest in outcome, but
also where judge’s decision would lead to promotion of a cause in which judge
was involved together with one of the parties.
The involvement would have to
be active, eg trustee or director.
[Case confirms that where
direct financial interest shown, however small, judge automatically
disqualified.
Gough test does not apply.
Odd that principle of
automatic disqualification was applied here to Hoffman.
Probably House of Lords wanted
to avoid him being cross-examined under Gough
test.]