110.4 Fraud or bias

110.4 Fraud or bias

As Lord Denning stated in Campbell v Edwards: ‘Fraud or collusion unravels everything’1. However, cases of fraud by experts are rare; bias is by far the most common allegation under this head.

The threshold for establishing bias is high: it appears that the applicant must show actual bias, rather than merely the appearance of bias2. Actual bias will arise where the decision-maker ‘unfairly regarded with disfavour’ the case of a particular party, or where the decision-maker ‘was pre-disposed or prejudiced against one party’s case for reasons unconnected with the merits of