CD v MD

CD v MD

There was no evidence that the undisclosed communications contained prejudicial material or went to the substance of the case. The communications were administrative in nature, and the failure to disclose them did not create a real possibility of bias. Therefore, recusal was not warranted.

Parties
Applicant: CD; Respondent: MD
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application for Recusal Under Hague Maintenance Convention / Ruling on Recusal Application
Outcome
Application for recusal dismissed
Legal Topics
Recusal of Judge, Apparent Bias, Ex Parte Communications, Child Support Order Registration
Family Law Judicial Conduct Recusal of Judge Apparent Bias Ex Parte Communications Child Support Order Registration

Case Brief

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Parties

CD

Applicant

MD

Respondent

Procedural Posture

Application for Recusal Under Hague Maintenance Convention / Ruling on Recusal Application

Legal Issues

  1. 1 Whether undisclosed ex-parte communications between the judge and third parties constitute apparent bias requiring recusal
  2. 2 Whether failure to disclose administrative communications to parties mandates recusal

Ratio Decidendi

There was no evidence that the undisclosed communications contained prejudicial material or went to the substance of the case. The communications were administrative in nature, and the failure to disclose them did not create a real possibility of bias. Therefore, recusal was not warranted.

Court Disposition

Application for recusal dismissed

Orders

  • The judge shall not be recused from the case