Bias and the Informed Observer: A Call for a Return to Gough

Abstract

80]. 5 At [81]. 6 Two other problems arise in constructing the informed observer. First, the observer's personality and character, and, secondly, the knowledge and understanding required before the observer is deemed to be "informed". 7 [1993] A.C. 646 at 667-670. According to Lord Goff (at 670) it is "unnecessary, in formulating the appropriate test, to require that the court should look at the matter through the eyes of a reasonable man, because the court in cases such as these personifies the reasonable man."