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Porter v Magill

[2002] 1 All ER 465

Case summary last updated at 07/01/2020 12:56 by the Oxbridge Notes in-house law team.

Judgement for the case Porter v Magill

HL ruled that the power to sell property to tenants in the hope of gaining party political advantage was unlawful. This was because the power conferred on LA had to be used for its intended purpose, which did not include electoral gain. The test to be used for bias was “whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased” (Lord Hope), as opposed to the “real danger” test in Gough. This brought the UK’s test for bias in line with that of the test for “impartiality” within art.6 ECHR. 

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