ISSUE:
Whether the Court of Appeal has jurisdiction to reopen a case after final judgment has been delivered to prevent significant injustice?
Whether the test for apparent bias, as applied in this case, was correctly assessed in light of the judge’s undisclosed relationship with the claimants' solicitors?
Whether exceptional circumstances exist to justify the admission of fresh evidence challenging the impartiality of the original judgment?
RULE:
Residual Jurisdiction of the Court of Appeal: The Court of Appeal has a residual jurisdiction to reopen appeals in exceptional circumstances to prevent significant injustice, provided that no alternative effective remedy exists. This power is exercised with discretion to ensure finality in litigation is not unnecessarily compromised.
Fair-Minded and Informed Observer Test for Bias: Apparent bias is established if, based on all the circumstances, a fair-minded and informed observer would conclude that there is a real possibility of bias. Judges should make full and appropriate disclosures when circumstances could reasonably raise questions about impartiality.