Hewart, Gordon -- Rex v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] EWHC KB 1, [1924] KB 256 (1923-11-09) [unanimous decision]

Dave — Tue, 19 Aug 2025 19:39:11 +0000

It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.

Gordon Hewart (1870-1943) British politician and jurist; Lord Chief Justice of England (1922-1940)
Rex v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] EWHC KB 1, [1924] KB 256 (1923-11-09) [unanimous decision]
(Source)

Often shortened to "Justice must not only be done, but must be seen to be done."

Overturning on appeal the dangerous driving conviction of McCarthy, on discovery that the clerk to the judges of the case was also employed by the law firm seeking civil damages against McCarthy, and was with the judges during their deliberation. While the High Court did not believe there had been any actual impropriety, the ruling established the principle that even the appearance of bias was enough to overturn a court decision.

For more on this case, see:

WIST Quotations

Hewart, Gordon -- Rex v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] EWHC KB 1, [1924] KB 256 (1923-11-09) [unanimous decision]