Obviously, if he was representing Meltwater, Carr wouldn't be able to chair the Tribunal at the same time. Accordingly the hearing of Meltwater's application was scheduled to take place before the other deputy chairman, Colin Birss QC. But might the Tribunal's lay members be likely to be affected by the authority of, and pay undue deference to, Henry Carr's submissions of law?
Presumably influenced by Tribunal chairman Judge Michael Fysh QC -- though, we imagine, not unduly so -- the Tribunal concluded that the NLA had not shown sufficiently that there was any real possibility of unconscious bias arising in the lay member's minds. Certainly there was not enough to lead to a real perception of possible bias to the fair-minded and informed observer. Crucial in this decision was the fact that Henry Carr had not actually sat together with the two lay members (Lucy Connors and Philip Eve) whose turn it was to sit with Colin Birss.
You can check out the full complement of Copyright Tribunal members here.