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30 May 2014
Issue: 7608 / Categories: Case law , Law digest , In Court
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Natural justice

Otkritie International Investment Management Ltd and others v Urumov [2014] EWHC 1323 (Comm), [2014] All ER (D) 80 (May)

It was clear from the authorities that apparent bias was not demonstrated by the mere fact that a judge, earlier in the same case or a previous case, had commented adversely on a party or a witness, or found the evidence of a party or witness to be unreliable. The fact that the judge had expressed himself, in part, in clear terms would not necessarily justify any different conclusion. As to the question of “overlap” or “identity of issue”, although “identity of issue” was a test easier to apply than “analogy” or “overlap”, absolute identity would lead in the direction of issue estoppel (at least in civil matters) and would not matter. In any event, the judge’s findings were part of the res gestae of the proceedings which would need to be considered anyway for any relevance in the context of any committal proceedings.

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EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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