Tuesday Law Report: Interest in a Cause May Disqualify Judge 19 January 1999 Re Pinochet Ugarte House of Lords (Lord Browne- Wilkinson, Lord Goff of Chieveley, Lord Nolan, Lord Hope of Craighead, Lord Hutton) 15 January 1999

By Kate O'Hanlon | The Independent (London, England), January 19, 1999 | Go to article overview
Save to active project

Tuesday Law Report: Interest in a Cause May Disqualify Judge 19 January 1999 Re Pinochet Ugarte House of Lords (Lord Browne- Wilkinson, Lord Goff of Chieveley, Lord Nolan, Lord Hope of Craighead, Lord Hutton) 15 January 1999


Kate O'Hanlon, The Independent (London, England)


THE PRINCIPLE that a man might not be judge in his own cause applied not only where the judge had a financial or pecuniary interest in the outcome of the proceedings, but also where the matter at issue was concerned with the promotion of a cause in which the judge was involved together with one of the parties.

The House of Lords gave reasons for setting aside an order made on 25 November 1998 (Law Report, 1 December 1998), in which the majority had held that Senator Augusto Pinochet Ugarte was not entitled to immunity, as the former head of state of Chile, in respect of crimes against humanity for which his extradition was sought by the Spanish Government. Amnesty Inter-national (AI) had been granted leave to intervene in those proceedings.

The application to set aside their Lordships' order was made after the applicant's legal advisers had learned that Lord Hoffmann, who had agreed with Lord Nicholls and Lord Steyn that he was not entitled to immunity, was a director of Amnesty International Charity Ltd (AICL), a charitable company incorporated to carry out such purposes of AI as were charitable, although he was not actually a member of AI. Clive Nicholls QC, Clare Montgomery QC, Helen Malcolm, James Cameron and Julian Knowles (Kingsley Napley) for the applicant; Alun Jones QC, David Elvin, Campaspe Lloyd-Jacob and James Maurici (Crown Prosecution Service) for the Crown Prosecution Service; Peter Duffy QC, Owen Davies and David Scorey (Bindman & Partners) for Amnesty International. Lord Browne-Wilkinson said that there was no dispute that in principle the House of Lords, as the ultimate Court of Appeal, had power to correct any injustice caused by an earlier order of the House where, through no fault of a party, he or she had been subjected to an unfair procedure. There was no allegation that Lord Hoffmann was in fact biased, only that there was an appearance of bias. The fundamental principle was that a man might not be judge in his own cause.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

Tuesday Law Report: Interest in a Cause May Disqualify Judge 19 January 1999 Re Pinochet Ugarte House of Lords (Lord Browne- Wilkinson, Lord Goff of Chieveley, Lord Nolan, Lord Hope of Craighead, Lord Hutton) 15 January 1999
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?