AWG Group Ltd & Anor v Morrison & Anor

AWG Group Ltd & Anor v Morrison & Anor

The judge found that the claimants' decision not to call Mr Jewson and to substitute other witnesses did not create a real possibility of bias. The replacement witnesses could provide the same evidence, and the defendants would not be unfairly disadvantaged. The judge's personal acquaintance with Mr Jewson did not...

Source-derived case information.

Parties
Claimant: AWG Group Limited; Claimant: AWG Shelf 11 Limited; Defendant: Sir Alexander Fraser Morrison; Defendant: Stephen John McBrierty
Jurisdiction
England and Wales
Judgment Date
01 December 2005
Procedural Posture
Civil / Interlocutory Application for Recusal
Outcome
Application for recusal dismissed
Legal Topics
Judicial Bias, Recusal of Judge, Apparent Bias, Trial Procedure
Civil Procedure Judicial Bias Recusal of Judge Apparent Bias Trial Procedure

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Parties

AWG Group Limited

Claimant

AWG Shelf 11 Limited

Claimant

Sir Alexander Fraser Morrison

Defendant

Stephen John McBrierty

Defendant

Procedural Posture

Civil / Interlocutory Application for Recusal

Legal Issues

  1. 1 Whether the judge should recuse himself due to apparent bias arising from personal acquaintance with a potential witness

Ratio Decidendi

The judge found that the claimants' decision not to call Mr Jewson and to substitute other witnesses did not create a real possibility of bias. The replacement witnesses could provide the same evidence, and the defendants would not be unfairly disadvantaged. The judge's personal acquaintance with Mr Jewson did not affect his ability to try the case impartially, and the risk of future developments requiring recusal was too small to justify withdrawal at this stage.

Court Disposition

Application for recusal dismissed

Orders

  • The application for the judge to recuse himself is dismissed.