R – Recusal
11/5/20
BRAKE v SWIFT [2020] EWHC 1156 (Ch)
Summarises the law on recusal for bias [13]. The test is whether all the circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, that the tribunal was biased [48]. On the facts, the test was not satisfied [76].
21/12/15
WATTS v WATTS [2015] EWCA Civ 1297
A deputy judge had been right to hold that she was not required to recuse herself from hearing a claim merely because she had been leading the claimant’s counsel in long-running unrelated litigation.
6/2/15
JACKSON v THOMPSONS SOLICITORS [2015] EWHC 218 (QB)
Contains a useful summary of the law as to bias [14] and the torts of abuse of process [27], causing loss by unlawful means and unlawful means conspiracy [30], procuring a breach of contract [33] and deceit [36]. Claims that the defendant induced an ATE insurer to avoid cover and procured the failure of an application for a group litigation order failed on the facts.
29/4/14
OTKRITIE INTERNATIONAL INVESTMENT MANAGEMENT LTD v URUMOV [2014] EWHC 1323 (Comm)
A trial judged recused himself from hearing an application for permission to commit an individual for contempt.
26/3/13
IGHALO v SOLICITORS REGULATION AUTHORITY [2013] EWHC 661 (Admin)
Contains a useful summary of the principles of apparent bias [34]. The mere fact that one member of a Tribunal of three persons hearing a disciplinary case, had previously held an appointment as an adjudicator for the SRA could not of itself give rise to actual or apparent bias.
26/3/13
MENGISTE v ENDOWMENT FUND FOR THE REHABILITATION OF TIGRAY, Ch D
An application for recusal was dismissed. A judge’s criticism of an expert and solicitors for calling him had been justified and did not demonstrate bias or cast sufficient doubt on the judge’s ability to try the case with objectivity.
28/11/12
JSC BTA BANK v ABLYAZOV [2012] EWCA Civ 1551, [2013] 1 WLR 1845
Reviews principles to be applied when a judge is asked to recuse himself. On the facts there was no real possibility of bias and the defendant had waived any right by failing to apply sooner for the judge to recuse himself.