Nemo Judex in Causa Sua

This maxim underlies the modern rule against bias, which is set out for the judiciary of England and Wales in the official Guide to Judicial Conduct. The Guide directs that judicial office holders must recuse themselves from any case where a fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that they would be biased — an objective test which does not require proof that the judge was actually biased, only that a reasonable observer could conclude there was a real possibility of it.

The Guide also asks judicial office holders to be proactive rather than reactive about the risk: it directs that, so far as is reasonable, they should avoid extra-judicial activities that are likely to cause them to have to refrain from sitting because of a reasonable apprehension of bias or because of a conflict of interest that would arise from the activity. Detailed guidelines address specific situations — family relationships with a party, past professional associations, and business connections — where disqualification will usually be required.

Where circumstances might give rise to a suggestion of bias, the Guide requires disclosure to the parties well before the hearing wherever possible, since disclosure followed by recusal on the day itself tends to generate additional costs and listing difficulties for everyone involved.