Bubbles & Wine Ltd v Lusha

Bubbles & Wine Ltd v Lusha

The fair-minded and informed observer, having considered all relevant facts, would not conclude that the judge’s conduct indicated a real possibility of bias; the judge’s comments were intended for both parties, were communicated, and no private submissions were made.

Parties
Appellant: Bubbles & Wine Limited; Respondent: Reshat Lusha
Jurisdiction
England and Wales
Judgment Date
14 March 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Apparent Bias, Judicial Recusal, Fair Trial, Impartiality
Civil Procedure Apparent Bias Judicial Recusal Fair Trial Impartiality

Case Brief

Summary, issues, holding and outcome

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Parties

Bubbles & Wine Limited

Appellant

Reshat Lusha

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge showed apparent bias by reason of a private conversation with one party’s counsel during trial

Ratio Decidendi

The fair-minded and informed observer, having considered all relevant facts, would not conclude that the judge’s conduct indicated a real possibility of bias; the judge’s comments were intended for both parties, were communicated, and no private submissions were made.

Court Disposition

appeal dismissed