Howe & Anor v Gossop & Anor

Howe & Anor v Gossop & Anor

The Recorder applied the correct legal test for apparent bias, made findings at the appropriate stage, and there was no evidence of actual or imputed bias. The fair-minded and informed observer would not conclude there was a real possibility of bias. The appeal is dismissed.

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 Property/neighbour Dispute / Appeal Against Refusal to Recuse Trial Judge
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 Property/neighbour Dispute / Appeal Against Refusal to Recuse Trial Judge

Legal Issues

  1. 1 Whether the Recorder should have recused himself due to alleged appearance of bias after issuing draft judgments and hearing further evidence
  2. 2 Whether the findings in the draft judgments prejudged issues to be determined after further evidence

Ratio Decidendi

The Recorder applied the correct legal test for apparent bias, made findings at the appropriate stage, and there was no evidence of actual or imputed bias. The fair-minded and informed observer would not conclude there was a real possibility of bias. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against refusal to recuse Recorder is dismissed
  • Costs to follow the event