CD v MD [2024] EWHC 118 (Fam) (25 January 2024)

CD v MD [2024] EWHC 118 (Fam) (25 January 2024)

There was no evidence that the judge's administrative or case management communications with third parties were prejudicial or related to the substantive merits of the case. The non-disclosure of such communications, absent any apparent prejudicial material, does not give rise to a real possibility of bias....

Source-derived case information.

Citation
[2024] EWHC 118 (Fam)
Parties
Applicant: CD; Respondent: MD
Jurisdiction
England and Wales
Judgment Date
25 January 2024
Procedural Posture
Application for Judicial Recusal Under the 2007 Hague Maintenance Convention / Interlocutory Application for Recusal of Allocated Judge Prior to Substantive Hearing
Outcome
Application for recusal dismissed
Legal Topics
Recusal of Judge, Apparent Bias, Ex Parte Communications, Child Maintenance Enforcement
Family Law Judicial Procedure Recusal of Judge Apparent Bias Ex Parte Communications Child Maintenance Enforcement

Source-derived case record

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Parties

CD

Applicant

MD

Respondent

Procedural Posture

Application for Judicial Recusal Under the 2007 Hague Maintenance Convention / Interlocutory Application for Recusal of Allocated Judge Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the allocated judge should be recused for apparent bias due to undisclosed ex-parte communications with third parties

Ratio Decidendi

There was no evidence that the judge's administrative or case management communications with third parties were prejudicial or related to the substantive merits of the case. The non-disclosure of such communications, absent any apparent prejudicial material, does not give rise to a real possibility of bias. Therefore, a fair-minded and informed observer would not conclude that the judge was biased, and recusal is not warranted.

Court Disposition

Application for recusal dismissed

Orders

  • The application that the judge shall be recused from the case is dismissed.