§ Mr. Cohenasked the Attorney-General what guidance is given to judges about the implications of the existence of material interests of their own, or of relatives, as to whether they should sit in judgment on particular cases.
§ The Attorney-GeneralJudges are under an obligation to declare any interest of which they are aware and, where the interest is substantial, to disqualify themselves from sitting. Failure by a judge to disclose a substantial interest, or to disqualify himself, is a matter which can be raised and decided on an appeal. In doubtful cases the judge should explain to both parties what his arguable interest might be and is often wise to ask each party whether they have any objection to his continuing in the circumstances to adjudicate. Should any party then object and the judge continue to adjudicate, the Court of Appeal would then have to decide whether in the light of the principle stated above the judge acted correctly. These are principles of law and not guidance.