Michael Wilson & Partners Ltd v CJSC KazSubton & Ors

Michael Wilson & Partners Ltd v CJSC KazSubton & Ors

The judge found that none of the circumstances relied upon by the claimant would lead a fair-minded and informed observer to conclude that there was a real possibility of bias, consciously or otherwise, at any stage. The recusal application and the application to set aside the March 2020 order were dismissed as totally without merit.

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 / Ruling on Recusal Application and Application to Set Aside Previous Order
Outcome
Application dismissed
Legal Topics
Recusal of Judge, Apparent Bias, Third Party Debt Orders, Costs Assessment
Civil Procedure Judicial Conduct Recusal of Judge Apparent Bias Third Party Debt Orders Costs Assessment

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 / Ruling on Recusal Application and Application to Set Aside Previous Order

Legal Issues

  1. 1 Whether the judge should recuse himself for apparent or actual bias
  2. 2 Whether the previous order dated 26th March 2020 should be set aside
  3. 3 Whether the claimant received fair and impartial treatment in enforcement proceedings

Ratio Decidendi

The judge found that none of the circumstances relied upon by the claimant would lead a fair-minded and informed observer to conclude that there was a real possibility of bias, consciously or otherwise, at any stage. The recusal application and the application to set aside the March 2020 order were dismissed as totally without merit.

Court Disposition

Application dismissed

Orders

  • The claimant's application to set aside the order of 26th March 2020 is dismissed.
  • The claimant's application for recusal remains dismissed.