Kimyani & Ors v Sandhu [2017] EWHC 151 (Ch) (02 February 2017)

Kimyani & Ors v Sandhu [2017] EWHC 151 (Ch) (02 February 2017)

There is no credible evidence of actual bias by Master Matthews. Applying the objective test, a fair-minded and informed observer, knowing all the relevant circumstances, would not conclude that there was a real possibility of bias or apparent bias. The defendant's allegations are either unsupported, relate to proper case management, or concern matters outside the judge's conduct. The application for recusal is refused.

Citation
[2017] EWHC 151 (Ch)
Parties
Claimant: Mrs Sukhvinder Kimyani; Claimant: Mrs Narinder Purdie; Claimant: Mrs Nimmi Rattu; Defendant: Mrs Devinder Sandhu
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Civil Probate/administration of Estate / Application for Recusal of Judge (master Matthews) on Grounds of Bias
Outcome
Application for recusal refused
Legal Topics
Recusal of Judge, Apparent Bias, Actual Bias, Administration of Estates, Costs Orders
Civil Procedure Probate Judicial Conduct Recusal of Judge Apparent Bias Actual Bias Administration of Estates Costs Orders

Case Brief

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Parties

Mrs Sukhvinder Kimyani

Claimant

Mrs Narinder Purdie

Claimant

Mrs Nimmi Rattu

Claimant

Mrs Devinder Sandhu

Defendant

Procedural Posture

Civil Probate/administration of Estate / Application for Recusal of Judge (master Matthews) on Grounds of Bias

Legal Issues

  1. 1 Whether Master Matthews should recuse himself from hearing the case on grounds of actual or apparent bias

Ratio Decidendi

There is no credible evidence of actual bias by Master Matthews. Applying the objective test, a fair-minded and informed observer, knowing all the relevant circumstances, would not conclude that there was a real possibility of bias or apparent bias. The defendant's allegations are either unsupported, relate to proper case management, or concern matters outside the judge's conduct. The application for recusal is refused.

Court Disposition

Application for recusal refused

Orders

  • The application by Mrs Devinder Sandhu for Master Matthews to recuse himself is dismissed.
  • Proceedings to continue before Master Matthews.