Mireskandari v Associated Newspapers Ltd: QBD 4 May 2010

The claimant sued in defamation, but had failed to make disclosure of documents as ordered. He asked for the ‘unless’ order to be set aside, and the action re-instated saying that he had not had notice of the application for it. He also argued that the Sharp J was biased.
Held: The fact that a judge had acted as counsel for a party many years ago was not a reason to be recused (Locabail). The actual documents so far as they were identified, sought by the claimant did not relate to the matters pleaded. The claimant’s application was dismissed. The application failed.
Eady J
[2010] EWHC 967 (QB)
Civil Procedure Rules 31.12
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 . .

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Updated: 24 February 2021; Ref: scu.409225