''R v Sussex Justices,
ex parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all ...
McCarthy'' (
9241 KB 256,
923All ER Rep 233) is a leading
English case on the
impartiality and
recusal
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applic ...
of
judges. It is famous as a legal precedent in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision. It also brought into common parlance the oft-quoted aphorism "Not only must Justice be done; it must also be seen to be done."
Facts
In 1923 McCarthy, a motorcyclist, was involved in a
road accident which resulted in his
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
before a
magistrates' court for
dangerous driving
In United Kingdom law, dangerous driving is a statutory offence. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code ...
. Unknown to the
defendant and his
solicitor, the
clerk
A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...
to the
justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
was a member of the firm of solicitors acting in a civil claim against the defendant arising out of the accident that had given rise to the prosecution. The clerk retired with the justices, who returned to convict the defendant.
On learning of the clerk's provenance, the defendant applied to have the conviction quashed. The justices swore affidavits stating that they had reached their decision to convict the defendant without consulting their clerk.
Judgment
The
appeal was essentially one of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
and was heard at the
King's Bench division by
Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
Hewart. In a landmark and far-reaching judgement, Lord Hewart CJ said:
The ruling is derived from the principle of
natural justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...
and has been followed throughout the world in countries that use the
English legal system
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
. It was applied in the
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...
case, where the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
overturned its own decision on the grounds of
Lord Hoffman's conflict of interest.
It has also been applied in a wide array of diverse situations, including immigration cases, professional disciplinary cases, and domestic tribunals, such as within members' clubs.
See also
*''
R v Bow Street Metropolitan Stipendiary Magistrate Ex parte Pinochet Ugarte (No.2)''
References
External links
text of the judgement at Bailii*
'
"Knowledge of the World and the Act of Judging" Robin Jacob
{{DEFAULTSORT:R V Sussex Justices, Ex Parte Mccarthy
1924 in case law
1924 in British law
High Court of Justice cases
Vehicle law
Conflict of interest mitigation