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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

Clarke Willmott—Kevin Joynes & Neil Gosling

Clarke Willmott—Kevin Joynes & Neil Gosling

Clarke Willmott bolsters housebuilder expertise in Birmingham

Carpmaels & Ransford—Kevin Cordina

Carpmaels & Ransford—Kevin Cordina

Firm adds former Simmons Simmons patent head to engineering and tech team

ACTAPS—Sally Goodger

ACTAPS—Sally Goodger

Freeths strengthens its voice in national disputes with ACTAPS committee appointment

NEWS
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
Some employment law controversies never disappear—they merely lie dormant
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