This international commercial dispute gave rise to allegations of ‘unconscious bias’ on the part of a Judge of the Cayman Islands Grand Court. The resulting decision highlights that the perception of judicial independence is crucial.
Allegations of bias against Judges are treated with healthy scepticism. But litigators should be alert to complications that can arise when Judges have links to the lawyers in a case. In a recent commercial dispute, the Court of Appeal discussed the right approach to secure fairness and justice.