AWG Group Ltd and Another v Morrison and Another: ChD 1 Dec 2005

Application was made for the judge to recuse himself from a forthcoming trial when he indicated that an intended witness was known to him personally.
Held: The test to be applied was to include: ‘all circumstances which have a bearing on the suggestion that I might arrive at a conclusion in the case through bias would lead ‘a fair minded and informed observer to conclude that there was a real possibility’ that that might be the result of my failure to withdraw.’ The party had proposed to call alternative witnesses instead. The judge did not withdraw.
Evans-Lombe J
[2005] EWHC 2786 (Ch)
Bailii
England and Wales
Citing:
CitedTaylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
CitedLocabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .

These lists may be incomplete.
Updated: 26 January 2021; Ref: scu.235508