Inherent in the ascertainment of the relevant facts and circumstances “which have a bearing on the allegation of bias” is that there must be a logical connection between those facts and the feared deviation from impartiality. 22. In summary the reviewing court must consider whether a fair minded and informed observer apprised of all the relevant facts being neither unduly suspicious, nor complacent would conclude in the circumstances that there was a real possibility of bias. Fair minded and informed observer 23. Especially in the context of this case the characteristics of the reasonable fair-minded and informed observer must be considered. Those characteristics have also been described in a series of cases. 24. The attributes of the fair minded and informed observer were recently considered by Mendonça JA in Panday v Espinet4. Because it is necessary to bear this in mind in any evaluation of the relevant facts and circumstances it is necessary to also set these out at length (all emphasis added). 31. The fair-minded informed observer, as I have already alluded to, is a hypothetical creature. He has been endowed with attributes which, it has been suggested, “many of us might struggle to attain” (see Helow v Secretary of State for the Home Department [2008] 1WLR 2416 at para. 1). 32. Being fair-minded he always reserves judgment on every point until he has seen and fully understood both sides of the argument. He will therefore not come to a hasty conclusion. He is not to be confused with the person who made the complaint. The assumptions the complainant made are not to be attributed to the observer unless they can be justified objectively. 33. He is informed. He can distinguish between what matters are relevant and what are irrelevant. He will take the time to inform 4 Civil Appeal No. 250 of 2009 delivered May 11th 2011 11

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