Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 1515 (25 November 2013)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 1515 (25 November 2013)

The Court held that the relationship between the judge and Professor Baldwin was remote, limited to a brief period over 30 years ago, and did not create a real possibility of bias in the eyes of a fair-minded and informed observer. The judge's professional experience, the passage of time, and the absence of any continuing relationship or relevant connection to the subject matter of the dispute negated any real risk of subconscious bias. The analogy with Lawal was rejected as factually distinct.

Citation
[2013] EWCA Civ 1515
Parties
Claimant/respondent: Resolution Chemicals Limited; Defendant/appellant: H Lundbeck A/S
Jurisdiction
England and Wales
Judgment Date
25 November 2013
Procedural Posture
Appeal / Appeal Against Refusal of Recusal Application Prior to Trial
Outcome
Appeal dismissed
Legal Topics
Judicial Recusal, Apparent Bias, Patent Revocation, Expert Evidence
Civil Procedure Intellectual Property Law Judicial Recusal Apparent Bias Patent Revocation Expert Evidence

Case Brief

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Parties

Resolution Chemicals Limited

Claimant/respondent

H Lundbeck A/S

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Refusal of Recusal Application Prior to Trial

Legal Issues

  1. 1 Whether the judge (Arnold J) should recuse himself from hearing the trial due to a past academic relationship with an expert witness (Professor Baldwin) on grounds of apparent bias

Ratio Decidendi

The Court held that the relationship between the judge and Professor Baldwin was remote, limited to a brief period over 30 years ago, and did not create a real possibility of bias in the eyes of a fair-minded and informed observer. The judge's professional experience, the passage of time, and the absence of any continuing relationship or relevant connection to the subject matter of the dispute negated any real risk of subconscious bias. The analogy with Lawal was rejected as factually distinct.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the refusal of the recusal application is dismissed.