Bates & Ors v Post Office Ltd (No 4)

Bates & Ors v Post Office Ltd (No 4)

The application for recusal is dismissed. The judge found that none of the passages in Judgment No.3, whether individually or collectively, would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The judge made clear, repeatedly and unambiguously, that no findings were made on breach, causation, loss, or the Horizon Issues. The findings and comments were required by the evidence and the issues pleaded, and the Post Office's arguments relied on passages taken out of context. Even if apparent bias had been established, the Post Office's delay and continued participation in the Horizon Issues trial would have amounted to waiver. The judge will...

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) Civil / Recusal Application During Ongoing Trial (horizon Issues Trial)
Outcome
Recusal application dismissed; judge will continue as Managing Judge.
Legal Topics
Apparent Bias, Judicial Recusal, Group Litigation, Contractual Interpretation, Agency Relationship, Disclosure, Witness Credibility
Civil Procedure Contract Law Agency Law Apparent Bias Judicial Recusal Group Litigation Contractual Interpretation Agency Relationship +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Alan Bates and Others

Claimant

Post Office Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Managing Judge (Mr Justice Fraser) should recuse himself from the Post Office Group Litigation for apparent bias based on the contents of Judgment No.3 (Common Issues) and conduct of proceedings.

Ratio Decidendi

The application for recusal is dismissed. The judge found that none of the passages in Judgment No.3, whether individually or collectively, would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The judge made clear, repeatedly and unambiguously, that no findings were made on breach, causation, loss, or the Horizon Issues. The findings and comments were required by the evidence and the issues pleaded, and the Post Office's arguments relied on passages taken out of context. Even if apparent bias had been established, the Post Office's delay and continued participation in the Horizon Issues trial would have amounted to waiver. The judge will...

Court Disposition

Recusal application dismissed; judge will continue as Managing Judge.

Orders

  • The application for recusal is dismissed.
  • The Horizon Issues trial will resume and continue before Mr Justice Fraser.