Michael Wilson & Partners Ltd v CJSC KazSubton & Ors [2020] EWHC 2957 (QB) (12 November 2020)

Michael Wilson & Partners Ltd v CJSC KazSubton & Ors [2020] EWHC 2957 (QB) (12 November 2020)

The application for recusal and to set aside the previous order is dismissed because the circumstances relied upon by the Claimant would not lead a fair-minded and informed observer to conclude there was a real possibility of bias. Adverse rulings, blunt judicial language, and procedural decisions do not constitute bias. The application is totally without merit.

Citation
[2020] EWHC 2957 (QB)
Parties
Claimant/judgment Creditor: Michael Wilson & Partners Limited; Defendant/judgment Debtor: CJSC Kazsubton; Defendant/judgment Debtor: Kazphosphate LLP; Third Party: Solvay Solutions UK Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
Civil / Post Judgment Application for Recusal and to Set Aside Previous Order
Outcome
Application dismissed as totally without merit; recusal application remains dismissed.
Legal Topics
Recusal of Judge, Apparent Bias, Costs Orders, Third Party Debt Orders, Enforcement of Judgments
Civil Procedure Judicial Conduct Recusal of Judge Apparent Bias Costs Orders Third Party Debt Orders Enforcement of Judgments

Case Brief

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Parties

Michael Wilson & Partners Limited

Claimant/judgment Creditor

CJSC Kazsubton

Defendant/judgment Debtor

Kazphosphate LLP

Defendant/judgment Debtor

Solvay Solutions UK Limited

Third Party

Procedural Posture

Civil / Post Judgment Application for Recusal and to Set Aside Previous Order

Legal Issues

  1. 1 Whether the Master should recuse himself for apparent bias
  2. 2 Whether the order dated 26 March 2020 should be set aside
  3. 3 Whether previous decisions and conduct demonstrate bias against the Claimant

Ratio Decidendi

The application for recusal and to set aside the previous order is dismissed because the circumstances relied upon by the Claimant would not lead a fair-minded and informed observer to conclude there was a real possibility of bias. Adverse rulings, blunt judicial language, and procedural decisions do not constitute bias. The application is totally without merit.

Court Disposition

Application dismissed as totally without merit; recusal application remains dismissed.

Orders

  • Claimant's application to set aside the 26 March 2020 order is dismissed.
  • Claimant's application for recusal is dismissed.