Bhardwaj v First Division Association (FDA) & Ors - apparent bias, and waiver of the right to seek recusal

The awareness of lay members sitting on a tribunal that respondents before them are also lay members may well give rise to apparent bias. However, if a party in full possession of the facts declines to seek their recusal and agrees to them continuing to sit, that party will not be allowed to revisit such a waiver in the future, for example by appealing on grounds of bias.

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