There had been a Part 36 offer to settle the action. It was disclosed inadvertently to the judge.
Held: There had been no serious procedural irregularity, and fairness and justice did not require a rehearing before different judge.
Judges:
Ward, Buxton, Dyson LJJ
Citations:
[2004] EWCA Civ 341, Gazette 18-Mar-2004, [2004] 1 WLR 2152
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Berg v IML London Ltd 2002
A judge should recuse himself in a civil case only if, subjectively, he considered that the knowledge he acquired of privileged communications disabled him from fairly continuing with the case or, objectively, a fair-minded and informed observer . .
Cited by:
Cited – Beasley v Alexander QBD 9-Oct-2012
The parties had disputed liability for personal injuries in a road traffic accident. The court had held the defendant liable, but held over the assessment of damages. The defendant sought to refer to the fact of his offer of settlement when . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Negligence, Litigation Practice, Costs
Updated: 10 June 2022; Ref: scu.195527