The cumulative effect of Balthar’s words
The cumulative effect of Balthar’s words and conduct during the Tribunal hearing is likely to satisfy a court that a ‘fair-minded lay person might reasonably apprehend that [he] might not’ have brought an ‘impartial mind’ to the proceeding,
Sample Solution
The cumulative effect of Balthar’s words and conduct during the Tribunal hearing is likely to satisfy a court that a ‘fair-minded lay person might reasonably apprehend that [he] might not’ have brought an ‘impartial mind’ to the proceeding (McGee & Northgrave., 2017). This conclusion can be drawn by looking at the evidence of his behaviour throughout course of hearing.
For example if while acting as a witness, Balthar had made derogatory remarks about certain parties or expressed unprofessional opinions then this could suggest biasness on his part. Additionally if he demonstrated hostility when questioned by lawyers or Tribunal members then this would further lead to apprehension that he was not impartial in regards proceedings (McGee & Northgrave., 2017). Furthermore any attempts to obstruct proceedings through delaying tactics or refusing answer questions may also indicate pre-determined views regarding matters being discussed.
Additionally, examining external influences such as lobbying attempts from stakeholders provide additional insight into potential biasness. This can include anything from financial investments interests held by decision makers in businesses related case which could potentially lead them act unfairly when making judgements (McGee & Northgrave., 2017).
In conclusion, courts will likely find it reasonable for fair-minded layperson apprehend lack impartiality based upon cumulative effect of Balthar’s words and conduct during Tribunal hearing thus raising concern over possible pre-judgement presence.
