M, Re [2018] EWCOP 4 (08 February 2018)

M, Re [2018] EWCOP 4 (08 February 2018)

The judge's language and conduct in the preliminary hearing, particularly in the absence of the parties, crossed the line from robust case management to premature adjudication, creating a real possibility of apparent bias. This unfairness tainted the entire process, requiring the appeal to be allowed and a rehearing before a different judge.

Citation
[2018] EWCOP 4
Parties
1st Appellant: A; 2nd Appellant: B; 1st Respondent: Z; 2nd Respondent: Local Authority; 3rd Respondent: M (by her litigation friend Y)
Jurisdiction
England and Wales
Judgment Date
08 February 2018
Procedural Posture
Court of Protection Appeal / Appeal From Final Order
Outcome
Appeal allowed
Legal Topics
Apparent Bias, Best Interests, Case Management, Disclosure, Recusal
Mental Capacity Family Law Judicial Procedure Apparent Bias Best Interests Case Management Disclosure Recusal

Case Brief

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Parties

A

1st Appellant

B

2nd Appellant

Z

1st Respondent

Local Authority

2nd Respondent

M (by her litigation friend Y)

3rd Respondent

Procedural Posture

Court of Protection Appeal / Appeal From Final Order

Legal Issues

  1. 1 Whether the judge demonstrated apparent bias in the conduct of the hearing
  2. 2 Whether the judge wrongly felt constrained by previous decisions in related proceedings
  3. 3 Whether there was a material procedural irregularity due to reliance on material from other proceedings

Ratio Decidendi

The judge's language and conduct in the preliminary hearing, particularly in the absence of the parties, crossed the line from robust case management to premature adjudication, creating a real possibility of apparent bias. This unfairness tainted the entire process, requiring the appeal to be allowed and a rehearing before a different judge.

Court Disposition

Appeal allowed

Orders

  • Matter to be re-allocated to a High Court Judge for rehearing
  • Listed for directions before a different judge