Law and Rights
The Leveson Inquiry continues to fascinate. On Tuesday 24th April, the Inquiry published e-mails (Exhibit KRM18) between persons acting for News Corporation and the office of Jeremy Hunt (Culture Secretary) - see The Guardian 25th April - " Jeremy Hunt emails: a legal view."
Writing on Head of Legal blog, the former government lawyer Carl Gardner claims that Mr Hunt acted unlawfully in his handling of the News Corporation bid for BSkyB - Head of Legal blog - "Hunt's handling of the News Corporation-BSkyB deal was unlawful." The alleged unlawfulness arises here because of the administrative law relating to appearance of bias. Decision-makers must be free not only of actual bias but there must be no appearance of bias. Here, administrative law is concerned to ensure that decision-making processes are fair and seen to be fair.
The test relating to apparent bias developed
via case law and is summarised by the House of Lords in a case relating to Police Officers serving as jurors - Abdroikof [2007] UKHL 37 - Lord Bingham at para.14. The legal test is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased - see Magill v Porter [2001] UKHL 67 where this definition was laid down.
Mr Hunt was taken to task about this in the House of Commons on 25th April and, in response, claimed that he conducted the process with scrupulous fairness throughout - see the video at BBC - Jeremy Hunt - I followed due process over BSkyB Of course, this may be quite true but avoids the point that appearance of bias is fatal to decision-making.
Earlier posts on the BSkyB bid are here and here
The Guardian 25th April - Jeremy Hunt visited News Corporation in US as Murdoch considers BSkyB bid
Daily Mail 26th April - "Hunt at Bay: Tories in crisis as Minister faces three inquiries and his adviser quits over damning Murdoch emails." It appears that the Financial Services Authority is considering whether an offence of "market abuse" took place. Also, Mr Hunt has yet to give evidence to the Leveson Inquiry and, according to the Daily Mail article, Leveson LJ is not minded to bring forward the date for Mr Hunt to give his evidence. (Mr Hunt had requested an earlier hearing). Then there is the possibility that Mr Hunt breached the Ministerial Code of Conduct in that Ministers have responsibility for their advisers.
For information on Market Abuse see the FSA website and see the New Statesman article by lawyer David Allen Green - "Hunt and News International: a market abuse angle."
The Guardian 27th April - "Jeremy Hunt to hand over all relevant BSkyB emails and texts"
- And Yet A Bit More On Judicial Blogging
* The seat of judgment *"Grim and vast, In hermit loneliness, it sits and broods ..." from The Sphinx by Andrew Downing An important thing for any decision-maker to avoid is bias. Bias may be actual or apparent. In respect of judicial office-holders,...
- The Leveson Inquiry Gets Underway
The Leveson Inquiry: Lord Justice Leveson has now started his Inquiry into the culture, practices and ethics of the press and proceedings can be followed via the Inquiry's website. and this includes video of the sessions. A second stage of the...
- What A Difference A Day Makes !! Bskyb Merger Referred To The Competition Commission
Dinah WashingtonUpdate 17th July: Sir Paul Stephenson resigned as Commissioner of the Metropolitan Police and Rebekah Brooks arrested. Update 15th July: Rebekah Brooks resigned as Chief Executive of News International. There are calls...
- Broadcasting: "fit And Proper Person" - What Does It Mean?
Monday 11th July: The Independent - "Hunt seeks advice over BSkyB takeover" and "News International knew hacking was widespread in 2007" "News Corp's BSkyB bid referred by Hunt to Competition Commission" - The Guardian 11th July Telegraph ...
- Court Martial Adjourned ... The Law On Bias ... Conscientious Objection
The Court Martial - (see Armed Forces Act 2006 s.154) - sitting at Portsmouth has adjourned until 14th April whilst Judge Advocate McGrigor considers representations relating to apparent bias made to him by counsel - see Portsmouth News. The case...
Law and Rights
Did Minister act unlawfully in relation to bid for BSkyB ?
Updated
The Leveson Inquiry continues to fascinate. On Tuesday 24th April, the Inquiry published e-mails (Exhibit KRM18) between persons acting for News Corporation and the office of Jeremy Hunt (Culture Secretary) - see The Guardian 25th April - " Jeremy Hunt emails: a legal view."
Writing on Head of Legal blog, the former government lawyer Carl Gardner claims that Mr Hunt acted unlawfully in his handling of the News Corporation bid for BSkyB - Head of Legal blog - "Hunt's handling of the News Corporation-BSkyB deal was unlawful." The alleged unlawfulness arises here because of the administrative law relating to appearance of bias. Decision-makers must be free not only of actual bias but there must be no appearance of bias. Here, administrative law is concerned to ensure that decision-making processes are fair and seen to be fair.
The test relating to apparent bias developed
via case law and is summarised by the House of Lords in a case relating to Police Officers serving as jurors - Abdroikof [2007] UKHL 37 - Lord Bingham at para.14. The legal test is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased - see Magill v Porter [2001] UKHL 67 where this definition was laid down.
Mr Hunt was taken to task about this in the House of Commons on 25th April and, in response, claimed that he conducted the process with scrupulous fairness throughout - see the video at BBC - Jeremy Hunt - I followed due process over BSkyB Of course, this may be quite true but avoids the point that appearance of bias is fatal to decision-making.
Earlier posts on the BSkyB bid are here and here
Media:
The Guardian 25th April - Jeremy Hunt visited News Corporation in US as Murdoch considers BSkyB bid
Daily Mail 26th April - "Hunt at Bay: Tories in crisis as Minister faces three inquiries and his adviser quits over damning Murdoch emails." It appears that the Financial Services Authority is considering whether an offence of "market abuse" took place. Also, Mr Hunt has yet to give evidence to the Leveson Inquiry and, according to the Daily Mail article, Leveson LJ is not minded to bring forward the date for Mr Hunt to give his evidence. (Mr Hunt had requested an earlier hearing). Then there is the possibility that Mr Hunt breached the Ministerial Code of Conduct in that Ministers have responsibility for their advisers.
For information on Market Abuse see the FSA website and see the New Statesman article by lawyer David Allen Green - "Hunt and News International: a market abuse angle."
The Guardian 27th April - "Jeremy Hunt to hand over all relevant BSkyB emails and texts"
- And Yet A Bit More On Judicial Blogging
* The seat of judgment *"Grim and vast, In hermit loneliness, it sits and broods ..." from The Sphinx by Andrew Downing An important thing for any decision-maker to avoid is bias. Bias may be actual or apparent. In respect of judicial office-holders,...
- The Leveson Inquiry Gets Underway
The Leveson Inquiry: Lord Justice Leveson has now started his Inquiry into the culture, practices and ethics of the press and proceedings can be followed via the Inquiry's website. and this includes video of the sessions. A second stage of the...
- What A Difference A Day Makes !! Bskyb Merger Referred To The Competition Commission
Dinah WashingtonUpdate 17th July: Sir Paul Stephenson resigned as Commissioner of the Metropolitan Police and Rebekah Brooks arrested. Update 15th July: Rebekah Brooks resigned as Chief Executive of News International. There are calls...
- Broadcasting: "fit And Proper Person" - What Does It Mean?
Monday 11th July: The Independent - "Hunt seeks advice over BSkyB takeover" and "News International knew hacking was widespread in 2007" "News Corp's BSkyB bid referred by Hunt to Competition Commission" - The Guardian 11th July Telegraph ...
- Court Martial Adjourned ... The Law On Bias ... Conscientious Objection
The Court Martial - (see Armed Forces Act 2006 s.154) - sitting at Portsmouth has adjourned until 14th April whilst Judge Advocate McGrigor considers representations relating to apparent bias made to him by counsel - see Portsmouth News. The case...