“An employment tribunal hearing the first claim for unfair dismissal on the grounds of caste discrimination has collapsed after information handed to the judge by police led the judge to recuse herself from the case.”
The Guardian, 14th February 2013
Source: www.guardian.co.uk
JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366
“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280
“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
“Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. The vice-president of the Institute of Legal Executives (‘ILEX’) ought not to have been a member of a disciplinary appeal tribunal set up by the institute to deal with breaches of its rules. Her leading role in the institute and her inevitable interest in its policy of disciplinary regulation should have disqualified her because the fair-minded and informed observer ought to have or would have concluded that there was a real possibility of bias.”
WLR Daily, 19th October 2011
Source: www.iclr.co.uk
Regina v I (C) and others; [2009] WLR (D) 286
“A judge who had conducted the case management of a long or complex case, whether or not as a preparatory hearing, had to conduct the trial in that case unless there were sufficiently compelling cause to depart from that rule.”
WLR Daily, 26th August 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
