W (Children: Reopening/recusal)

W (Children: Reopening/recusal)

The Judge erred in setting aside the District Judge's findings for apparent bias because the correct legal test was not applied, the parties were not properly informed or able to respond, and the facts did not support a real possibility of bias. The application to reopen findings did not present new or significant...

Source-derived case information.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Family Law Private Children Proceedings / Appeal From Family Court Decision on Recusal and Reopening of Findings
Outcome
Appeal allowed; findings of fact restored; application to reopen findings dismissed; case remitted for welfare decision before a different judge.
Legal Topics
Apparent Bias, Reopening Findings of Fact, Recusal, Finality of Litigation
Family Law Judicial Recusal Civil Procedure Apparent Bias Reopening Findings of Fact Recusal Finality of Litigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Private Children Proceedings / Appeal From Family Court Decision on Recusal and Reopening of Findings

Legal Issues

  1. 1 Whether the District Judge's recusal required prior findings of fact to be set aside for apparent bias
  2. 2 Whether the application to reopen findings of fact met the legal threshold

Ratio Decidendi

The Judge erred in setting aside the District Judge's findings for apparent bias because the correct legal test was not applied, the parties were not properly informed or able to respond, and the facts did not support a real possibility of bias. The application to reopen findings did not present new or significant evidence and was an attempt to relitigate settled matters.

Court Disposition

Appeal allowed; findings of fact restored; application to reopen findings dismissed; case remitted for welfare decision before a different judge.

Orders

  • District Judge's findings of fact restored
  • Father's application to reopen findings dismissed