O'Brien v Barnet County Court & Anor [2002] EWCA Civ 1255 (21 August 2002)

O'Brien v Barnet County Court & Anor [2002] EWCA Civ 1255 (21 August 2002)

There was no credible evidence of actual or perceived bias by the district judge; the applicant's decision not to participate in the original hearing cannot be used as evidence of bias. The application for permission to appeal is hopeless.

Citation
[2002] EWCA Civ 1255
Parties
Claimant/applicant: Barry O'Brien; Defendant/respondent: Barnet County Court; Defendant/respondent: Challenger Group Holdings
Jurisdiction
England and Wales
Judgment Date
21 August 2002
Procedural Posture
Application for Permission to Appeal (judicial Review) / Court of Appeal (civil Division) Permission to Appeal From Refusal of Judicial Review
Outcome
Application for permission to appeal refused
Legal Topics
Apparent Bias, Judicial Impartiality, Permission to Appeal, Road Traffic Accident, Damages
Civil Procedure Judicial Review Apparent Bias Judicial Impartiality Permission to Appeal Road Traffic Accident Damages

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Parties

Barry O'Brien

Claimant/applicant

Barnet County Court

Defendant/respondent

Challenger Group Holdings

Defendant/respondent

Procedural Posture

Application for Permission to Appeal (judicial Review) / Court of Appeal (civil Division) Permission to Appeal From Refusal of Judicial Review

Legal Issues

  1. 1 Whether the district judge was biased or appeared to be biased against the applicant
  2. 2 Whether refusal of permission to apply for judicial review was correct

Ratio Decidendi

There was no credible evidence of actual or perceived bias by the district judge; the applicant's decision not to participate in the original hearing cannot be used as evidence of bias. The application for permission to appeal is hopeless.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal dismissed