Category: recusal

“I’m forever blowing bubbles” but I’m biased! – Practical Law: Construction Blog

Posted April 10th, 2018 in bias, construction industry, judiciary, news, recusal by tracey

‘Bias and apparent bias is a subject that has cropped up many times on this blog, whether it was an adjudicator “phoning a friend“, an arbitrator (allegedly) being appointed too many times by the same referring party (although that isn’t one of mine!) or a judge getting upset over his lost luggage (who wouldn’t be?). It seems anyone involved in court or tribunal work is vulnerable to an accusation of it. Therefore, it should come as no surprise that I’m commenting on another example of behaviour that gives rises to the charge.’

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Practical Law: Construction Blog, 10th April 2018

Source: constructionblog.practicallaw.com

CA strongly criticises judge for private meeting with one party’s counsel – Litigation Futures

Posted March 22nd, 2018 in appeals, bias, judges, news, recusal by sally

‘A circuit judge was wrong to have a private conversation with one party’s counsel during the trial, but his actions did not amount of apparent bias, the Court of Appeal has ruled.’

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Litigation Futures, 22nd March 2018

Source: www.litigationfutures.com

Appeal court rejects apparent bias claim over judge’s private meeting – Law Society’s Gazette

Posted March 15th, 2018 in appeals, bias, judges, news, recusal by tracey

‘A trial judge was right not to recuse himself from a dispute over building work despite meeting one party’s advocate in private and discussing elements of the case, the Court of Appeal has ruled.’

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Law Society's Gazette, 15th March 2018

Source: www.lawgazette.co.uk

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals, Uncategorized by tracey

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

Bar disciplinary tribunal panel recuses itself after barrister complains of bias – Legal Futures

Posted July 25th, 2017 in adjournment, barristers, disciplinary procedures, news, recusal, tribunals by sally

‘The panel of a Bar disciplinary tribunal has taken the highly unusual step of recusing itself after an allegation that it had shown actual or apparent bias against the defendant barrister, Legal Futures can reveal.’

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Legal Futures, 25th July 2017

Source: www.legalfutures.co.uk

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

Posted June 27th, 2017 in bias, case management, civil procedure rules, family courts, judiciary, news, recusal by tracey

‘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.’

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Family Law Week, 22nd June 2017

Source: www.familylawweek.co.uk

Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’

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Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

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

Posted June 30th, 2016 in bias, civil procedure rules, judges, litigants in person, news, recusal, striking out by tracey

‘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.’

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Zenith PI, 29th June 2016

Source: www.zenithpi.wordpress.com

Judge withdraws from BA case after airline loses his luggage – The Guardian

Posted September 22nd, 2015 in airlines, judges, news, professional conduct, recusal, trials by sally

‘A judiciary watchdog is investigating a high court judge who complained about his luggage going astray on a flight booked with British Airways while he was overseeing a case involving the airline.’

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The Guardian, 21st September 2015

Source: www.guardian.co.uk

Social encounters with barristers “no reason” for a judge’s recusal – Litigation Futures

Posted September 17th, 2015 in appeals, barristers, judges, judiciary, news, recusal by tracey

‘There is no basis for seeking the recusal of a specialist judge because they may socialise with barristers that appear before them, the High Court has said.’

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Litigation Futures, 16th September 2015

Source: www.litigationfutures.com

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?”‘
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Daily Telegraph, 25th July 2015

Source: www.telegraph.co.uk

Judges Behaving Badly? – No. 5 Chambers

Posted March 19th, 2015 in employment tribunals, judiciary, news, professional conduct, recusal, tribunals by sally

‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

Posted February 25th, 2015 in appeals, costs, damages, employment tribunals, human rights, immunity, judges, news, race discrimination, recusal, religious discrimination, striking out, wasted costs orders by sally

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Allegations Of Bias In Long And Complex Cases – Littleton Chambers

Posted November 18th, 2014 in appeals, bias, judiciary, news, recusal by sally

‘The Court of Appeal has handed down guidance on the approach to take to allegations of bias in long-running cases where a judge has substantial involvement in the prior stages of a case’s history.’

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Littleton Chambers, 27th October 2014

Source: www.littletonchambers.com

Case Law developments on recusal – No. 5 Chambers

Posted December 12th, 2013 in judges, news, recusal by sally

‘The circumstances in which a Judge or a Tribunal Member might be requested or required to recuse themselves is considered by Gemma Roberts together with the relevant case law.’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by tracey

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Judge refuses to recuse himself in case where expert witness was his Oxford supervisor – Litigation Futures

Posted November 7th, 2013 in bias, expert witnesses, judges, news, patents, recusal by tracey

“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”

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Litigation Futures, 6th November 2013

Source: www.litigationfutures.com

CA: judge should have recused himself from hearing wasted costs application – Litigation Futures

Posted August 27th, 2013 in appeals, bias, costs, evidence, expert witnesses, judges, news, recusal, solicitors, wasted costs orders by tracey

“The Court of Appeal has taken the highly unusual step of ruling that a judge should have recused himself from hearing a wasted costs order against a party’s solicitors given the comments he made about them in his substantive judgment.”

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Litigation Futures, 27th August 2013

Source: www.litigationfutures.com

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by tracey

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

Employment tribunal hearing first claim for caste discrimination collapses – The Guardian

Posted February 15th, 2013 in employment tribunals, harassment, news, race discrimination, recusal, religious discrimination, unfair dismissal by sally

“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.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk