R. v. Gough [1993]

Juror did not realise until
end of trial that defendant was brother of her neighbour.
Swore affidavit that this did
not influence her thinking during trial.
However defendant appealed
against his conviction.
House of Lords clarified law
relating to bias.
Held same test should be
applied in all cases of apparent bias (whether justices, tribunals etc).
Test should be whether there
was a real danger of bias on part of
relevant member of tribunal, in sense that he might unfairly regard with favour
or disfavour the party before him.
Phrase ‘real danger’ was used
to convey idea that a possibility rather than a probability would suffice.
Nor was it necessary to
formulate test in terms of reasonable man, because court personified reasonable
man and also court had to ascertain relevant circumstances from evidence which
might not be available to the ordinary observer.