header-logo header-logo

Civil litigation

29 November 2007
Issue: 7299 / Categories: Case law , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll