SMITH, PETER v KVAERNER CEMENTATION FOUNDATION LTD (BAR COUNCIL intervening)

[2006] BLR 244

COURT OF APPEAL

Before Lord Phillips CJ, Sir Anthony Clarke MR and Lord Justice May

Appearance of bias - Judge hearing matter where a party previously a client - Whether an appearance of bias arises from counsel and judge being members of same chambers. Waiver of objection to judge - Requirements for valid waiver of objection to judge hearing case - Role of counsel in advising on waiver of objection. CPR Rule 3.9 - CPR Rule 52.4 - Extension of time for application for permission to appeal - Whether right to a fair trial pursuant to article 6 European Convention on Human Rights outweighed potential effect on defendant of a retrial.