Re AZ (A Child) (Recusal)

Re AZ (A Child) (Recusal)

The judge's interventions, criticisms, and admonitions of counsel, though at times robust and in some instances ill-advised, did not amount to apparent bias. The judge's conduct was grounded in the merits of the case, including unappealed findings of dishonesty against the mother, and did not deprive the mother of a fair hearing. The fair-minded and informed observer would not conclude there was a real possibility of bias. The appeal against the refusal to recuse was therefore dismissed.

Parties
Appellant: A's Mother; First Respondent: A's Father; Second Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Family Law Appeal / Appeal Against Refusal to Recuse Trial Judge
Outcome
Appeal dismissed
Legal Topics
Recusal of Judge, Apparent Bias, Children Act Proceedings, Case Management, Judicial Bullying
Family Law Judicial Conduct Recusal of Judge Apparent Bias Children Act Proceedings Case Management Judicial Bullying

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A's Mother

Appellant

A's Father

First Respondent

Children's Guardian

Second Respondent

Procedural Posture

Family Law Appeal / Appeal Against Refusal to Recuse Trial Judge

Legal Issues

  1. 1 Whether the trial judge should have recused himself for apparent bias against the mother
  2. 2 Whether the judge's conduct towards the mother's counsel and interventions in evidence gave rise to a real possibility of bias

Ratio Decidendi

The judge's interventions, criticisms, and admonitions of counsel, though at times robust and in some instances ill-advised, did not amount to apparent bias. The judge's conduct was grounded in the merits of the case, including unappealed findings of dishonesty against the mother, and did not deprive the mother of a fair hearing. The fair-minded and informed observer would not conclude there was a real possibility of bias. The appeal against the refusal to recuse was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the refusal to recuse the trial judge is dismissed.
  • No order for recusal; the trial judge may continue to hear the case.