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10 December 2020 / Neil Parpworth
Issue: 7914 / Categories: Features , In Court
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Judicial recusal: treading a fine line

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Neil Parpworth examines determining judicial recusal, COVID-19 and the revealing nature of ‘live’ remote links
  • The facts: a tragic case.
  • The law: the test for bias.
  • The judgment: the fair-minded and informed observer.

While it has been suggested that the fact that ‘application for recusal, or actual recusal, by the judge happens rarely’ is a testament to ‘the integrity of our system of justice’, it has also been rightly pointed out that when the issue does arise, ‘it must be seen as particularly sensitive and potentially serious’: see Samuels, ‘Recusal by the judge: the principles’ [2018] PL 383 at 383. Recently, the exercise of this sensitive jurisdiction occurred in the context of proceedings relating to a very serious matter; the death of a child. The Court of Appeal’s decision in Re C (A Child) [2020] EWCA Civ 987, [2020] All ER (D) 136 (Jul) thus merits consideration, not least because the circumstances in which the alleged apparent bias came to light are very much a reflection

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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