Surrey Heath Borough Council v Robb & Ors

Surrey Heath Borough Council v Robb & Ors

The fair-minded and informed observer would not apprehend a real possibility of bias from the judge's prior interim rulings, as those were based on limited evidence and for provisional purposes. Continuity of judge for trial is justified for efficient case management and does not constitute apparent bias. There is no reason for recusal.

Parties
Claimant: Surrey Heath Borough Council; Defendant: James Robb; Defendant: Suzanne Robb; Defendant: Thomas Robb Jnr; Defendant: Kaitlin Robb; Defendant: Scarlett Rooney (aka Scarlett Simmonds aka Scarlett Robb); Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
20 July 2020
Procedural Posture
Civil / Application for Recusal on Grounds of Apparent Bias
Outcome
Application for recusal dismissed
Legal Topics
Recusal, Apparent Bias, Interim Injunctions, Human Rights, Case Management
Civil Procedure Judicial Conduct Planning Law Recusal Apparent Bias Interim Injunctions Human Rights Case Management

Case Brief

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Parties

Surrey Heath Borough Council

Claimant

James Robb

Defendant

Suzanne Robb

Defendant

Thomas Robb Jnr

Defendant

Kaitlin Robb

Defendant

Scarlett Rooney (aka Scarlett Simmonds aka Scarlett Robb)

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil / Application for Recusal on Grounds of Apparent Bias

Legal Issues

  1. 1 Whether the judge should recuse himself for apparent bias after prior interim rulings against the Defendants
  2. 2 Whether prior interim findings constitute pre-judgment or bias
  3. 3 Whether continuity of judge for trial is appropriate

Ratio Decidendi

The fair-minded and informed observer would not apprehend a real possibility of bias from the judge's prior interim rulings, as those were based on limited evidence and for provisional purposes. Continuity of judge for trial is justified for efficient case management and does not constitute apparent bias. There is no reason for recusal.

Court Disposition

Application for recusal dismissed

Orders

  • The judge will continue to deal with the case up to and including trial.
  • No recusal; trial to proceed as scheduled.