Sandhu & Anor v The Charity Commission & Ors [2017] EWHC B14 (Ch) (20 April 2017)

Sandhu & Anor v The Charity Commission & Ors [2017] EWHC B14 (Ch) (20 April 2017)

The application for recusal was dismissed because the evidence did not meet the threshold for apparent bias; adverse comments on credibility in prior rulings do not, without more, justify recusal, and there was no substantial evidence of imputed bias.

Citation
[2017] EWHC B14 (Ch)
Parties
Claimant/part 20 Defendant: Tarsem Singh Sandhu; Claimant/part 20 Defendant: Mr Manjit Singh Boparai; Defendants/part 20 Claimants: The Charity Commission and Others
Jurisdiction
England and Wales
Judgment Date
20 April 2017
Procedural Posture
Application for Recusal / Pre Trial, Application for Judge's Recusal
Outcome
Application for recusal dismissed
Legal Topics
Judicial Recusal, Apparent Bias, Fair Trial, Impartiality
Civil Procedure Charity Law Judicial Recusal Apparent Bias Fair Trial Impartiality

Case Brief

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Parties

Tarsem Singh Sandhu

Claimant/part 20 Defendant

Mr Manjit Singh Boparai

Claimant/part 20 Defendant

The Charity Commission and Others

Defendants/part 20 Claimants

Procedural Posture

Application for Recusal / Pre Trial, Application for Judge's Recusal

Legal Issues

  1. 1 Whether the judge should recuse himself due to apparent bias

Ratio Decidendi

The application for recusal was dismissed because the evidence did not meet the threshold for apparent bias; adverse comments on credibility in prior rulings do not, without more, justify recusal, and there was no substantial evidence of imputed bias.

Court Disposition

Application for recusal dismissed

Orders

  • The judge will not recuse himself from the trial.