Howe & Anor v Gossop & Anor [2016] EWHC 2169 (Ch) (26 August 2016)

Howe & Anor v Gossop & Anor [2016] EWHC 2169 (Ch) (26 August 2016)

The Recorder correctly applied the objective test for apparent bias, and there was no substantial evidence of actual or imputed bias arising from his draft judgments or prior findings. The fair-minded and informed observer would not conclude there was a real possibility of bias. The appeal is therefore dismissed.

Citation
[2016] EWHC 2169 (Ch)
Parties
Claimant: Anthony Richard Howe; Claimant: Deirdre Howe; Defendant: Cheryl Gossop; Defendant: Dean Gossop
Jurisdiction
England and Wales
Judgment Date
26 August 2016
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Recusal, Bias, Neighbour Dispute, Proprietary Estoppel, Trespass, Covenants
Civil Procedure Property Law Judicial Recusal Bias Neighbour Dispute Proprietary Estoppel Trespass Covenants

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Parties

Anthony Richard Howe

Claimant

Deirdre Howe

Claimant

Cheryl Gossop

Defendant

Dean Gossop

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Recorder should have recused himself due to alleged appearance of bias after issuing draft judgments and before hearing further evidence
  2. 2 Whether findings in draft judgments precluded impartial consideration of new evidence

Ratio Decidendi

The Recorder correctly applied the objective test for apparent bias, and there was no substantial evidence of actual or imputed bias arising from his draft judgments or prior findings. The fair-minded and informed observer would not conclude there was a real possibility of bias. The appeal is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed