Howell & Ors v Lees Millais & Ors

Howell & Ors v Lees Millais & Ors

The judge's recent failed negotiations with Addleshaw Goddard, his intemperate and critical emails, and his conduct during the recusal hearing (including cross-examining a witness and impugning good faith) would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The judge should have recused himself.

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 (court of Appeal)
Outcome
Appeal allowed
Legal Topics
Recusal of Judge, Apparent Bias, Beddoe Application, Judicial Impartiality
Judicial Conduct Trusts and Equity 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 (court of Appeal)

Legal Issues

  1. 1 Whether the judge should have recused himself due to apparent bias arising from recent failed personal negotiations with a party's solicitors (Addleshaw Goddard)
  2. 2 Whether the conduct of the recusal hearing itself demonstrated bias

Ratio Decidendi

The judge's recent failed negotiations with Addleshaw Goddard, his intemperate and critical emails, and his conduct during the recusal hearing (including cross-examining a witness and impugning good faith) 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.
  • The appeal is allowed.