Emerald Supplies Ltd v British Airways

Emerald Supplies Ltd v British Airways

The judge recused himself not because he accepted BA's arguments of bias, but because BA's conduct and insistence on recusal had made his continued involvement a distraction and impediment to the progress of the case.

Parties
Claimant: Emerald Supplies Ltd; Defendant: British Airways; Part 20 Defendant: Part 20 Airlines; Other Party: La Gataina
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Civil / Recusal Application Ruling
Outcome
Judge recused himself from the case.
Legal Topics
Judicial Recusal, Bias, Case Management, Competition Law
Civil Procedure Judicial Recusal Bias Case Management Competition Law

Case Brief

Summary, issues, holding and outcome

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Parties

Emerald Supplies Ltd

Claimant

British Airways

Defendant

Part 20 Airlines

Part 20 Defendant

La Gataina

Other Party

Procedural Posture

Civil / Recusal Application Ruling

Legal Issues

  1. 1 Whether the judge should recuse himself due to a perceived conflict of interest arising from a personal dispute with British Airways during the pendency of the case

Ratio Decidendi

The judge recused himself not because he accepted BA's arguments of bias, but because BA's conduct and insistence on recusal had made his continued involvement a distraction and impediment to the progress of the case.

Court Disposition

Judge recused himself from the case.

Orders

  • Judge recused himself from further involvement.
  • Hearing scheduled for 2 October before a newly appointed judge for directions.