Lone v Petrou [2022] EWHC 3283 (SCCO) (22 December 2022)

Lone v Petrou [2022] EWHC 3283 (SCCO) (22 December 2022)

The recusal application was dismissed because the grounds advanced were either previously rejected by the High Court, based on disagreement with judicial decisions, or unsupported by evidence. No fair-minded and informed observer would conclude there was a real possibility of bias. The application was also refused...

Source-derived case information.

Citation
[2022] EWHC 3283 (SCCO)
Parties
Claimant: Naim Lone; Defendant: Michael Petrou
Jurisdiction
England and Wales
Judgment Date
22 December 2022
Procedural Posture
Solicitor Client Detailed Costs Assessment and Related Applications / Post Assessment Applications: Recusal and Stay
Outcome
Applications dismissed
Legal Topics
Judicial Recusal, Costs Assessment, Apparent Bias, Solicitors Act 1974, Stay of Proceedings
Civil Procedure Legal Costs Judicial Recusal Costs Assessment Apparent Bias Solicitors Act 1974 Stay of Proceedings

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Summary, issues, holding and outcome

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Parties

Naim Lone

Claimant

Michael Petrou

Defendant

Procedural Posture

Solicitor Client Detailed Costs Assessment and Related Applications / Post Assessment Applications: Recusal and Stay

Legal Issues

  1. 1 Whether the judge should recuse himself for apparent bias
  2. 2 Whether a stay or variation of the order of 1 August 2022 should be granted

Ratio Decidendi

The recusal application was dismissed because the grounds advanced were either previously rejected by the High Court, based on disagreement with judicial decisions, or unsupported by evidence. No fair-minded and informed observer would conclude there was a real possibility of bias. The application was also refused for delay. The stay/variation application was refused as there was no legal or factual basis to grant it.

Court Disposition

Applications dismissed

Orders

  • Application for recusal refused
  • Application for stay or variation of 1 August 2022 order refused