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.
 EWHC 2786 (Ch)
England and Wales
Cited – Taylor 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 . .
Cited – Locabail (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