In this case, the issues were effectively that the Judge did disclose to the parties that one of the barristers, Mr Holland (the one acting for the sister) was being led by the Judge in another case. I.e the Judge was still in practice as a barrister and was leading counsel in a different case where one of the barristers in front of her was her junior.
Watts v Watts 2015
http://www.bailii.org/ew/cases/EWCA/Civ/2015/1297.html
is a Court of Appeal decision about judicial bias, and whether the Judge should have recused herself. This was a dispute between a brother and a sister about property issues.
In this case, the issues were effectively that the Judge did disclose to the parties that one of the barristers, Mr Holland (the one acting for the sister) was being led by the Judge in another case. I.e the Judge was still in practice as a barrister and was leading counsel in a different case where one of the barristers in front of her was her junior.
The request for the Judge to recuse herself, and the subsequent appeal, was therefore on these arguments:-
1. That the Judge had a conflict of interest due to professional involvement with Mr Holland, which might cause or give rise to the perception of bias.
2. That as the case…
View original post 2,882 more words
Pingback: Is there bias if the Judge is leading one of th...