Helping you understand Welsh law

What are the consequences of a decision-maker being biased?

As set out above, where the decision-maker has an interest in the decision, the decision-maker is disqualified and any decision that it makes will be quashed.

Where a decision-maker only has the appearance of bias, the Court may still decide to quash the decision. However, as is the case with all other grounds of judicial review, in the absence of exceptional public interest reasons, the Court must refuse to quash a decision (or award any other relief) if it appears to it to be highly likely that the outcome for the person affected by the decision would not have been substantially different if the decision-maker had not had the appearance of bias.

 

 

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