Broughal v Walsh Brothers Builders Ltd & Anor

Broughal v Walsh Brothers Builders Ltd & Anor

A judge who previously refused permission to appeal on the papers is not disqualified from hearing the substantive appeal unless she has expressed a concluded view on the merits; mere application of the legal test for permission does not indicate bias.

Parties
Claimant/appellant: Nigel Broughal; Defendant/respondent: Walsh Brothers Builders Limited; Defendant/respondent: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Apparent Bias, Permission to Appeal, Recusal of Judge
Civil Procedure Judicial Bias Relief From Sanctions Apparent Bias Permission to Appeal Recusal of Judge

Case Brief

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Parties

Nigel Broughal

Claimant/appellant

Walsh Brothers Builders Limited

Defendant/respondent

Zurich Insurance PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a judge who previously refused permission to appeal on the papers should recuse herself from hearing the substantive appeal due to apparent bias
  2. 2 Whether the refusal of relief from sanctions and assessment of damages at nil was correct

Ratio Decidendi

A judge who previously refused permission to appeal on the papers is not disqualified from hearing the substantive appeal unless she has expressed a concluded view on the merits; mere application of the legal test for permission does not indicate bias.

Court Disposition

Appeal dismissed

Orders

  • No recusal; Judge Baucher's order stands
  • No grounds for interfering with the refusal of relief from sanctions