In EB v BA UKEAT/0227/07/DA the EAT held that a tribunal order, that the claimant identify which of the 800 projects listed by a respondent were in issue, did not amount to putting the burden of proof (which had shifted to the respondent under section 63A of the Sex Discrimination Act 1975) back on the claimant.

The EAT also suggested that a judge showing irritation or pleasure in the course of a hearing would not, in an ordinary way, be taken by a fair minded independent observer as beginning to demonstrate bias.