Kerr J refused an application for him to recuse himself based inter alia on the fact that counsel for the Defendant before him was a member of his former chambers: ‘It is true that I was a member of the same chambers of Mr Milford until June 2015. That is squarely within Locabail paragraph 25, and as Mr Mallalieu [Counsel for the claimant] readily accepts, it is commonplace in litigation in these courts for a member of chambers to appear before a judicial tribunal comprising a former member of that person’s chambers.
I am confident that the points relied upon by the claimant would not lead cumulatively or individually a fair-minded observer to conclude that there is a real possibility of bias, and the application for a change of judge is for those reasons dismissed.’
Kerr J
[2016] EWHC 3451 (QB)
England and Wales
Cited by:
See Also – Siddiqui v University of Oxford QBD 5-Dec-2016
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded.
Held: Strike out on the basis that the claim was . .
See Also – Siddiqui v The Chancellor, Masters and Scholars of The University of Oxford QBD 7-Feb-2018
. .
See Also – Siddiqui v University of Oxford QBD 16-Mar-2018
Post judgment issues . .
Cited – Ameyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .
These lists may be incomplete.
Updated: 14 June 2021; Ref: scu.652419