Baker v Quantum Clothing Group & Ors

Baker v Quantum Clothing Group & Ors

There was no real possibility of bias arising from Sedley LJ's honorary presidency of the BTA, his personal experience of tinnitus, or the alleged web of links between the BTA and the appellant's solicitors. The connections were too tenuous and non-partisan to justify recusal, and the objections were raised too late.

Parties
Appellant: Stephanie Baker; 1st Respondent: Quantum Clothing Group; 2nd Respondent: Meridian Limited; 3rd Respondent: Pretty Polly Limited
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Civil Appeal / Post Hearing Application for Recusal
Outcome
application for recusal refused
Legal Topics
Apparent Bias, Recusal of Judge, Judicial Impartiality
Judicial Bias Civil Procedure Apparent Bias Recusal of Judge Judicial Impartiality

Case Brief

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Parties

Stephanie Baker

Appellant

Quantum Clothing Group

1st Respondent

Meridian Limited

2nd Respondent

Pretty Polly Limited

3rd Respondent

Procedural Posture

Civil Appeal / Post Hearing Application for Recusal

Legal Issues

  1. 1 Whether the position of Sedley LJ as honorary president of the British Tinnitus Association and his personal experience of tinnitus created apparent bias requiring recusal from the appeal panel.
  2. 2 Whether indirect links between the judge and the appellant's solicitors via the BTA constituted grounds for recusal.

Ratio Decidendi

There was no real possibility of bias arising from Sedley LJ's honorary presidency of the BTA, his personal experience of tinnitus, or the alleged web of links between the BTA and the appellant's solicitors. The connections were too tenuous and non-partisan to justify recusal, and the objections were raised too late.

Court Disposition

application for recusal refused

Orders

  • The applications for recusal are refused.