Red River UK Ltd & Anor v Sheikh & Anor

Red River UK Ltd & Anor v Sheikh & Anor

The judge found that there were no objective grounds for actual or apparent bias. The allegations were unsubstantiated, and the judge's prior decisions and warnings did not demonstrate bias. The test for recusal was not satisfied, and it was the judge's duty to continue with the case.

Parties
Claimant: Red River UK Limited; Claimant: Ismail Dogan; Defendant: Anal Sheikh; Defendant: Rabia Sheikh
Jurisdiction
England and Wales
Judgment Date
24 November 2009
Procedural Posture
Civil / Application for Recusal of Judge
Outcome
Application dismissed
Legal Topics
Recusal of Judge, Apparent Bias, Actual Bias, Civil Restraint Orders
Judicial Conduct Civil Procedure Recusal of Judge Apparent Bias Actual Bias Civil Restraint Orders

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Parties

Red River UK Limited

Claimant

Ismail Dogan

Claimant

Anal Sheikh

Defendant

Rabia Sheikh

Defendant

Procedural Posture

Civil / Application for Recusal of Judge

Legal Issues

  1. 1 Whether the judge should recuse himself on grounds of actual or apparent bias
  2. 2 Whether the conduct of the judge gives rise to a real possibility of bias in the eyes of a fair-minded and informed observer

Ratio Decidendi

The judge found that there were no objective grounds for actual or apparent bias. The allegations were unsubstantiated, and the judge's prior decisions and warnings did not demonstrate bias. The test for recusal was not satisfied, and it was the judge's duty to continue with the case.

Court Disposition

Application dismissed

Orders

  • Application for recusal is dismissed