Smith v Kvaerner Cementation Foundations Ltd & Anor

Smith v Kvaerner Cementation Foundations Ltd & Anor

The Recorder's ongoing professional connection with the KCF group gave rise to an appearance of bias, and Mr Smith did not validly waive his right to object because he was not given all relevant information or a fair opportunity to make an unpressured decision. The interests of justice required that permission to appeal out of time be granted and the case be retried before a different judge.

Parties
Appellant: Peter Smith; Respondent: Kvaerner Cementation Foundations Ltd; Intervener: The Bar Council
Jurisdiction
England and Wales
Judgment Date
21 March 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Appeal
Outcome
appeal allowed
Legal Topics
Apparent Bias, Waiver of Objection, Fair Trial, Extension of Time for Appeal
Civil Procedure Judicial Bias Apparent Bias Waiver of Objection Fair Trial Extension of Time for Appeal

Case Brief

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Parties

Peter Smith

Appellant

Kvaerner Cementation Foundations Ltd

Respondent

The Bar Council

Intervener

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the Recorder's professional connection with the respondent gave rise to an appearance of bias
  2. 2 Whether the appellant validly waived his right to object to the Recorder hearing the case
  3. 3 Whether permission to appeal out of time should be granted

Ratio Decidendi

The Recorder's ongoing professional connection with the KCF group gave rise to an appearance of bias, and Mr Smith did not validly waive his right to object because he was not given all relevant information or a fair opportunity to make an unpressured decision. The interests of justice required that permission to appeal out of time be granted and the case be retried before a different judge.

Court Disposition

appeal allowed

Orders

  • Permission to appeal granted out of time
  • Recorder’s decision quashed