Bates & Ors v Post Office Ltd (No 4) [2019] EWHC 871 (QB) (09 April 2019)

Bates & Ors v Post Office Ltd (No 4) [2019] EWHC 871 (QB) (09 April 2019)

The judge found that the legal test for apparent bias was not satisfied; the fair-minded and informed observer would not conclude there was a real possibility of bias based on the passages and conduct cited. The judge's comments and findings were within the scope of his judicial function, and continuity in group...

Source-derived case information.

Citation
[2019] EWHC 871
Parties
Claimant: Alan Bates and Others; Defendant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
09 April 2019
Procedural Posture
Group Litigation Order (glo) / Recusal Application During Ongoing Trial (horizon Issues)
Outcome
Recusal application dismissed; judge will continue as Managing Judge.
Legal Topics
Apparent Bias, Recusal of Judge, Case Management, Group Litigation Order, Horizon System Litigation
Civil Procedure Judicial Conduct Group Litigation Apparent Bias Recusal of Judge Case Management Group Litigation Order Horizon System Litigation

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Parties

Alan Bates and Others

Claimant

Post Office Limited

Defendant

Procedural Posture

Group Litigation Order (glo) / Recusal Application During Ongoing Trial (horizon Issues)

Legal Issues

  1. 1 Whether the Managing Judge should recuse himself for apparent bias in ongoing group litigation
  2. 2 Whether comments and findings in prior judgment (Common Issues) create a real possibility of bias for subsequent trials

Ratio Decidendi

The judge found that the legal test for apparent bias was not satisfied; the fair-minded and informed observer would not conclude there was a real possibility of bias based on the passages and conduct cited. The judge's comments and findings were within the scope of his judicial function, and continuity in group litigation is essential. No substantial evidence of bias was presented.

Court Disposition

Recusal application dismissed; judge will continue as Managing Judge.

Orders

  • The Horizon Issues trial will proceed before the same judge.
  • No stay or adjournment of proceedings granted.