Waiver of the Rule against Bias

The bias rule requires that decision-makers approach their task impartially and with an open mind. This article examines the common law basis of the bias rule and considers whether the rule has or should have a constitutional foundation. The article analyses the main exception to the bias rule, namely waiver. It considers the three key issues that must be established before a possible claim of bias will be held to have been waived – which are that a party must make an informed, timely and unequivocal decision. The article also considers how the courts approach claims of waiver in cases where the parties are represented or unrepresented and the infl uence of the agency rule in cases where the parties are represented.