The defendants sought leave to appeal against an order acknowledging a drainage easement over their land. The easement of drainage was subject to a condition that it did not come to be a nuisance. It was found so to have become.
Held: The allegations of bias in the judge were not made out: ‘there was nothing in the judge’s language that could possibly be said to evidence actual bias, or to have given rise to an appearance of bias from the point of view of a fair minded and informed observer, which is the relevant legal test.’
Judges:
The Hon Mr Justice Richards
Citations:
[2005] EWCA Civ 1463
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Wallace and Another v Crossley and Another CA 10-Jul-2009
Appeal against refusal on stay of order for sale of house to pay costs after loss in litigation. . .
See Also – Wallace and Another v Crossley and Another CA 24-Jul-2009
. .
Lists of cited by and citing cases may be incomplete.
Land, Nuisance, Litigation Practice
Updated: 04 July 2022; Ref: scu.237500
