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Jackson L.J. said,

“56. There is nothing objectionable in a judge setting out his or her provisional view at an early stage of proceedings, so that the parties have an opportunity to correct any errors in the judge’s thinking or to concentrate on matters which appear to be influencing the judge. Of course, it is unacceptable if the judge reaches a final decision before he is in possession of all relevant evidence and arguments which the parties wish to put before him. There is, however, a clear distinction between (1) reaching a final decision prematurely and (2) reaching a provisional view which is disclosed for the assistance of the parties.
57. In my view the fair-minded observer, with all the admirable qualities identified above, would have no difficulty in deciding this case. He would characterise the preliminary view as a provisional view, disclosed for the assistance of the parties, not as a final determination reached before Mr Atkinson had considered Lanes’ submissions and evidence.”

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