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29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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Civil litigation

El Faraghy v Faraghy and others [2007] EWCA Civ 1149, [2007] All ER (D) 248 (Nov)

Lord Justice Ward (at para 32) gave guidance on recusal applications.
If circumstances permit it, an informal approach should first be made to the judge, making the complaint and inviting recusal. While judges must not yield to tenuous or frivolous objections, a judge can deny the complaint but still pass the case to a colleague.

If a judge does not feel able to do so, then it may be preferable, if it is possible to arrange it, to have another judge take the decision. Where the appearance of justice is at stake, it is better that justice be done independently by another, rather than require the judge to sit in judgment of his own behaviour.

Issue: 7299 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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