HM Solicitor General v Ellis (Rev 1) [2020] EWHC 2987 (QB) (06 November 2020)
On balance, given the judge's prior statements regarding Mr Ellis and the potential perception of predisposition, it is prudent to recuse on the ground of apparent bias to maintain confidence in the administration of justice.
Source-derived case information.
- Citation
- [2020] EWHC 2987
- Parties
- Claimant: HM Solicitor General; Defendant: Edward William Ellis
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2020
- Procedural Posture
- Contempt of Court Application / Interlocutory; Recusal Application and Adjournment
- Outcome
- Judge recused himself on grounds of apparent bias; proceedings adjourned to be heard by a different judge.
- Legal Topics
- Contempt of Court, Civil Restraint Orders, Recusal for Bias
Source-derived case record
Summary, issues, holding and outcome
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Parties
HM Solicitor General
Claimant
Edward William Ellis
Defendant
Procedural Posture
Contempt of Court Application / Interlocutory; Recusal Application and Adjournment
Legal Issues
- 1 Whether the judge should recuse himself for actual or apparent bias in contempt proceedings against Mr Ellis
Ratio Decidendi
On balance, given the judge's prior statements regarding Mr Ellis and the potential perception of predisposition, it is prudent to recuse on the ground of apparent bias to maintain confidence in the administration of justice.
Court Disposition
Judge recused himself on grounds of apparent bias; proceedings adjourned to be heard by a different judge.
Orders
- Application to recuse granted.
- Contempt application to be heard on 14 December 2020 before a judge with no prior knowledge of Mr Ellis.
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