C (A Child) [2020] EWCA Civ 987 (24 July 2020)

C (A Child) [2020] EWCA Civ 987 (24 July 2020)

The judge's pejorative and negative comments about the Appellant's honesty, made during the course of her evidence and broadcast to parties, would lead a fair minded and informed observer to conclude there was a real possibility of bias. The doubt should have been resolved in favour of recusal.

Citation
[2020] EWCA Civ 987
Parties
Appellant: C (A Child); 1st Respondent: Local Authority; 2nd Respondent: Father; 4th Respondent: Intervenor
Jurisdiction
England and Wales
Judgment Date
24 July 2020
Procedural Posture
Appeal / Appeal Against Refusal to Recuse Judge in Ongoing Care Proceedings
Outcome
Appeal allowed
Legal Topics
Recusal of Judge, Bias, Care Proceedings, Hybrid Hearings
Family Law Judicial Conduct Recusal of Judge Bias Care Proceedings Hybrid Hearings

Case Brief

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Parties

C (A Child)

Appellant

Local Authority

1st Respondent

Father

2nd Respondent

Intervenor

4th Respondent

Procedural Posture

Appeal / Appeal Against Refusal to Recuse Judge in Ongoing Care Proceedings

Legal Issues

  1. 1 Whether the judge's comments about the Appellant gave rise to a real possibility of bias requiring recusal

Ratio Decidendi

The judge's pejorative and negative comments about the Appellant's honesty, made during the course of her evidence and broadcast to parties, would lead a fair minded and informed observer to conclude there was a real possibility of bias. The doubt should have been resolved in favour of recusal.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Family Division for directions for future conduct before a fresh judge