Broughal v Walsh Brothers Builders Ltd & Anor [2018] EWCA Civ 1610 (10 July 2018)

Broughal v Walsh Brothers Builders Ltd & Anor [2018] EWCA Civ 1610 (10 July 2018)

Judge Baucher's prior refusal of permission to appeal did not indicate a closed mind or concluded view; her order applied the correct test and did not preclude openness to further argument. There was no real possibility of bias as perceived by a fair-minded and informed observer.

Citation
[2018] EWCA Civ 1610
Parties
Claimant/appellant: Nigel Broughal; Defendant/respondent: Walsh Brothers Builders Limited; Defendant/respondent: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Apparent Bias, Relief From Sanctions, Permission to Appeal, Recusal of Judge
Civil Procedure Judicial Bias Apparent Bias Relief From Sanctions Permission to Appeal Recusal of Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Nigel Broughal

Claimant/appellant

Walsh Brothers Builders Limited

Defendant/respondent

Zurich Insurance PLC

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a judge who previously refused permission to appeal on the papers is disqualified from hearing the substantive appeal due to apparent bias
  2. 2 Whether the judge's prior decision indicated a closed mind or predisposition against the appellant

Ratio Decidendi

Judge Baucher's prior refusal of permission to appeal did not indicate a closed mind or concluded view; her order applied the correct test and did not preclude openness to further argument. There was no real possibility of bias as perceived by a fair-minded and informed observer.

Court Disposition

Appeal dismissed

Orders

  • No recusal of Judge Baucher
  • No grounds for rehearing before a different judge