Subject: Administration of justice Other related subjects: Civil procedure
Keywords: Bias; Contempt of court; Credibility; Delay; Recusal; Waiver
Summary: A fair-minded observer would not conclude that there was a real possibility that a judge, who had made findings adverse to the first defendant when finding that he was in contempt of court, would be biased when deciding the issues at trial. In any event, the first defendant had waived his right to apply for the judge’s recusal by not making such an application at the pre-trial review, which amounted to a representation that he had no objection to the judge trying the case.
Member of Chambers: Duncan Matthews QC acted for the First Defendant (instructed by Addleshaw Goddard LLP)