Drawing the Line: case management and allegations of judicial bias in the family courts – Family Law Week

‘Jennifer Youngs and Vondez Phipps, pupil barristers at 42 Bedford Row, summarise the circumstances in which judicial conduct at a case management hearing might form the basis of an application for recusal, and provide guidance to practitioners as to the manner in which such an application might be made.’

Full Story

Family Law Week, 22nd June 2017

Source: www.familylawweek.co.uk

Fair share – Counsel

‘All members should feel that chambers is doing their best for them. But how can you check work is being allocated fairly, and how can clerks demonstrate the fact of fairness? Rachel Crasnow QC reports from a seminar addressing these concerns.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

Full story

Litigation Futures, 10th April 2017

Source: www.litigationfutures.com

“Judicial Bias Considered” – Zenith PI Blog

Posted March 29th, 2017 in bias, judiciary, medical treatment, negligence, news by sally

‘In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence.’

Full story

Zenith PI Blog, 28th March 2017

Source: www.zenithpi.wordpress.com

To recuse or not? – Ghadami v Bloomfield and others [2016] EWHC 1448(ch) – Zenith PI

‘Norris J has recently had to deal with an interesting case where he faced an application that he should recuse himself from a case. It also highlighted the negative impact a litigant in person can have on a case and administration of the Courts.’

Full story

Zenith PI, 29th June 2016

Source: www.zenithpi.wordpress.com

Conflicts of interest – Law Society’s Gazette

‘In the recent decision of W Ltd v M SDN BHD [2016] EWHC 422, Knowles J considered a challenge by the claimant of an arbitral award on the grounds of ‘serious irregularity’ under section 68(2) of the Arbitration Act 1996. That section provides that ‘serious irregularity’ means an irregularity ‘which the court considers has caused or will cause substantial injustice to the applicant’. The claimant alleged apparent bias on behalf of the sole arbitrator, H, based on alleged conflict of interest.’

Full story

Law Society’s Gazette, 27th June 2016

Source: www.lawgazette.co.uk

Saudi prince wins High Court battle against £20m payout to late king’s ‘secret wife’ – The Independent

Posted June 17th, 2016 in appeals, barristers, bias, judiciary, married persons, news, Saudi Arabia by tracey

‘The son of the late King Fahd of Saudi Arabia has won an appeal against a multi-million-pound award handed to his father’s “secret wife”. Palestinian-born Janan Harb, won a package of cash and property worth more than £20m last November. Judge Peter Smith, sitting at London’s High Court, accepted her assertions that Prince Abdul Aziz, had agreed to the huge payout. But lawyers for the prince later asked Court of Appeal judges to quash the “unsustainable” award.’

Full story

The Independent, 16th June 2017

Source: www.independent.co.uk

Singh v Secretary of State for the Home Department – WLR Daily

Posted June 8th, 2016 in appeals, bias, law reports, professional conduct, tribunals by sally

Singh v Secretary of State for the Home Department [2016] EWCA Civ 492

‘When a party seeks to appeal to the Upper Tribunal on the grounds that there had been bias or misconduct on the part of the First-tier Tribunal, the following guidance should be followed. (1) Any application for permission to appeal, if based (in whole or part) on such a ground, should be closely scrutinised. Such an allegation, if to be sufficient to merit the grant of permission at all, should ordinarily be expected to be properly particularised and appropriately evidenced. (2) If an allegation of bias or misconduct is raised which is adjudged sufficient to merit the grant of permission to appeal then it should be normal practice for the Upper Tribunal thereafter to obtain the written comments of the judge concerned. (3) Such written comments of the judge, where obtained, should be provided to the parties for the purposes of the appeal hearing in the Upper Tribunal. In addition, any such written comments should be retained on the file pending any possible further appeal to the Court of Appeal. (4) There may be some cases where it may be necessary to obtain the tribunal judge’s own note or record of the entire hearing since proceedings in the First-tier Tribunal are not ordinarily recorded and no transcript of the hearing will be available. (5) It will normally be likely to be of assistance to the Upper Tribunal to know what the advocate for the respondent has to say as to what happened or what was said before the First-tier Tribunal. Providing such observations is more likely to help produce a fuller and accurate picture of what actually happened or was said in the First-tier Tribunal. Where the advocate does not have a precise note or recollection, the Upper Tribunal can be told. (6) Whether oral evidence is needed at the hearing of the appeal on the issue of what happened or what was said below should be carefully considered by the parties. (7) It is likely to be important in appeals of this nature for the file to be reviewed and any directions given by an Upper Tribunal judge in good time before the substantive appeal hearing (para 53).’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

High Court rejects Barnett’s appeal against strike-off – Legal Futures

‘The High Court has rejected an appeal by Richard Barnett, senior partner of collapsed conveyancing firm Barnetts, against his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

Full story

Legal Futures, 19th May 2016

Source: www.legalfutures.co.uk

Teaching human rights in schools: ‘Who am I to say that democracy is the right way? – OUP Blog

Posted April 4th, 2016 in bias, education, human rights, media, news, school children, teachers by sally

‘“What could very easily happen with teaching about human rights is indoctrination…so let’s say someone says that racism isn’t wrong. Okay, so what would happen is that ‘racism is wrong. You have to learn it’. That’s the way it would be taught… Actually, I think a debate around that is needed, because I don’t think you can say that intrinsically racism is wrong. You can say that as a society, we’ve formed a set of values that have concluded that racism is wrong.”

When a primary school teacher says something like this to you as a researcher, it makes you sit up and take notice. Whilst it would be comforting to think that this is simply the isolated perspective of one wayward teacher, my research into teachers’ perceptions of educating primary school children about human rights was punctuated by similarly troubling viewpoints. One teacher found it difficult to talk about the atrocities that happened at the Bergen-Belsen concentration camp without telling the children in her classroom that “this is the most heinous crime ever imagined”, following this up with “and you can’t do that, so it’s very difficult.” Another was loathe to teach that democracy was “the right way,” because she didn’t want to influence, but rather to simply “open children’s eyes.” Her final comment on this issue being “who am I to say that democracy is the right way?”’

Full story

OUP Blog, 4th April 2016

Source: http://blog.oup.com

Deepcut recruit’s alleged suicide ‘did not match emotional state’ – The Guardian

Posted February 15th, 2016 in armed forces, bias, bullying, inquests, murder, news, suicide by sally

‘A teenage recruit found shot dead at Deepcut barracks in Surrey 20 years ago was behaving normally on the day of her death, although she had been having relationship problems, an inquest has heard.’

Full story

The Guardian, 12th February 2016

Source: www.guardian.co.uk

Judge complains of “too many swindlers” after wrongly questioning status of solicitor – Legal Futures

Posted February 8th, 2016 in appeals, bias, internet, judges, landlord & tenant, Law Society, news, solicitors by tracey

‘A judge who wrongly questioned the status of a solicitor after doing his own research on the Law Society’s website, has been criticised by the Court of Appeal.’

Full story

Legal Futures, 5th February 2016

Source: www.legalfutures.co.uk

Review of racial bias and BAME representation in Criminal Justice System announced – Ministry of Justice

Posted February 1st, 2016 in bias, criminal justice, equality, press releases, race discrimination, statistics by tracey

‘The Prime Minister has asked David Lammy MP to investigate evidence of possible bias against black defendants and other ethnic minorities.’

Full press release

Ministry of Justice, 31st January 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Upper Tribunal cases on fair hearings in immigration cases – Free Movement

Posted January 13th, 2016 in advocacy, bias, immigration, judiciary, news, professional conduct, tribunals by sally

‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’

Full story

Free Movement, 13th January 2016

Source: www.freemovement.org.uk

Hunting convictions thrown into doubt after court case collapses – Daily Telegraph

‘The neutrality of Professor Stephen Harris, one of the UK’s leading authorities on foxes, has been called into question.’

Full story

Daily Telegraph, 4th December 2015

Source: www.telegraph.co.uk

High Court judge quashes planning permission over appearance of bias – Local Government Lawyer

Posted October 15th, 2015 in appeals, bias, housing, local government, news, planning by sally

‘A High Court judge has quashed the grant of outline planning permission for a residential development in Wiltshire over the appearance of bias.’
Full story

Local Government Lawyer, 13th October 2015

Source: www.localgovernmentlawyer.co.uk

The High Court judge, the £3bn airline case and the mystery of his lost luggage – Daily Telegraph

Posted July 28th, 2015 in airlines, bias, judges, news, recusal by sally

‘Prominent High Court judge removes himself from £3 billion case involving BA after asking airline’s legal team: “What happened to my luggage?”‘
Full story

Daily Telegraph, 25th July 2015

Source: www.telegraph.co.uk

Court of Appeal dismissed local resident’s objections to the Shell redevelopment – OUT-LAW.com

Posted June 19th, 2015 in appeals, bias, news, planning by tracey

‘The UK Court of Appeal has dismissed a legal challenge against the redevelopment of the 1950s 27-storey Shell Tower in London made by a local resident, George Turner.’

Full story

OUT-LAW.com, 18th June 2015

Source: www.out-law.com

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

‘Judge not, that ye be not judged’ : judging judicial decision-making – Lecture by Lord Neuberger

Posted February 6th, 2015 in bias, judgments, judiciary, news, reasons by sally

‘Judge not, that ye be not judged’: judging judicial decision-making (PDF)

Lecture by Lord Neuberger

F A Mann Lecture 2015

Source: www.supremecourt.uk