HM Solicitor General v Ellis (Rev 1) [2020] EWHC 2987 (QB) (06 November 2020)

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
Civil Procedure Judicial Conduct Contempt of Court Civil Restraint Orders Recusal for Bias

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Parties

HM Solicitor General

Claimant

Edward William Ellis

Defendant

Procedural Posture

Contempt of Court Application / Interlocutory; Recusal Application and Adjournment

  1. 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.