The claimant appealed a decision on his personal injuries claim saying that the recorder who hear the case was head of the chambers in which counsel for both sides were members, and that the recorder had himself acted in the past for the defendant. He said this created an apparent risk of bias.
Held: Sufficient doubt was created and the trial must be set aside. It was not for counsel to seek to influence his client as to his personal knowledge of the recorder when the client complained of a possible bias in the court. Once the issue was raised the trial should have proceeded only on the client’s waiver. That waiver should have been given without counsel’s influence.
Judges:
Lord Justice May Lord Chief Justice of England and Wales Sir Anthony Clarke MR
Citations:
[2006] EWCA Civ 242, Times 11-Apr-2006
Links:
Jurisdiction:
England and Wales
Litigation Practice, Legal professions
Updated: 16 August 2022; Ref: scu.239221