Resolution Chemicals Ltd v H Lundbeck A/S
The Court of Appeal held that the judge's past academic relationship with Professor Baldwin, which ended over 30 years ago and was limited in nature, would not lead a fair-minded and informed observer to conclude there was a real possibility of bias. The facts did not support a real risk of subconscious bias, and analogies with Lawal and university regulations were not persuasive. The appeal was dismissed.
- Parties
- Claimant/respondent: Resolution Chemicals Limited; Defendant/appellant: H Lundbeck A/S
- Jurisdiction
- England and Wales
- Judgment Date
- 25 November 2013
- Procedural Posture
- Civil Appeal / Appeal From Chancery Division, Application for Recusal of Trial Judge
- Outcome
- Appeal dismissed
- Legal Topics
- Apparent Bias, Judicial Recusal, Patent Law, Expert Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Resolution Chemicals Limited
Claimant/respondent
H Lundbeck A/S
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Application for Recusal of Trial Judge
Legal Issues
- 1 Whether the trial judge should recuse himself for apparent bias due to a past academic relationship with an expert witness
Ratio Decidendi
The Court of Appeal held that the judge's past academic relationship with Professor Baldwin, which ended over 30 years ago and was limited in nature, would not lead a fair-minded and informed observer to conclude there was a real possibility of bias. The facts did not support a real risk of subconscious bias, and analogies with Lawal and university regulations were not persuasive. The appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- The appeal is refused.
Full Case Text
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