Howell & Ors v Lees Millais & Ors [2007] EWCA Civ 720 (04 July 2007)

Howell & Ors v Lees Millais & Ors [2007] EWCA Civ 720 (04 July 2007)

The judge's recent unsuccessful personal dealings with Addleshaw Goddard, combined with the tone of his communications and conduct during the recusal hearing, would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The judge should have recused himself.

Citation
[2007] EWCA Civ 720
Parties
Appellant/claimant: Paul Jonathan Howell; Appellant/claimant: John Neal Thompson; Appellant/claimant: Alison Robinson; Respondent/defendant: Marcus Lees Millais; Respondent/defendant: Lorna Milne Joicey; Respondent/defendant: Fiona Lees Millais
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Civil Appeal / Appeal From Refusal to Recuse (chancery Division)
Outcome
Appeal allowed
Legal Topics
Recusal of Judge, Apparent Bias, Beddoe Application, Judicial Impartiality
Judicial Conduct Trusts and Estates Recusal of Judge Apparent Bias Beddoe Application Judicial Impartiality

Case Brief

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Parties

Paul Jonathan Howell

Appellant/claimant

John Neal Thompson

Appellant/claimant

Alison Robinson

Appellant/claimant

Marcus Lees Millais

Respondent/defendant

Lorna Milne Joicey

Respondent/defendant

Fiona Lees Millais

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Refusal to Recuse (chancery Division)

Legal Issues

  1. 1 Whether the judge should have recused himself due to apparent bias arising from recent personal dealings with a party's solicitors
  2. 2 Whether the conduct of the hearing demonstrated a lack of judicial objectivity

Ratio Decidendi

The judge's recent unsuccessful personal dealings with Addleshaw Goddard, combined with the tone of his communications and conduct during the recusal hearing, would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The judge should have recused himself.

Court Disposition

Appeal allowed

Orders

  • The judge should have recused himself from hearing the Beddoe application.