Drury v British Broadcasting Corporation & Anor

Drury v British Broadcasting Corporation & Anor

Although there was no objective basis for recusal, the court resolved any doubt in favour of recusal and arranged for a substitute judge to avoid dissatisfaction or future complaint.

Parties
Appellant: Stephen Drury; Respondent: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
14 May 2007
Procedural Posture
Civil Appeal / Application for Recusal of Judge Prior to Substantive Hearing
Outcome
Application for recusal allowed; Wilson LJ recused himself.
Legal Topics
Apparent Bias, Judge Recusal, Fair Hearing
Judicial Recusal Civil Procedure Apparent Bias Judge Recusal Fair Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Drury

Appellant

British Broadcasting Corporation

Respondent

Procedural Posture

Civil Appeal / Application for Recusal of Judge Prior to Substantive Hearing

Legal Issues

  1. 1 Whether Lord Justice Wilson should recuse himself from hearing the appeal due to alleged bias

Ratio Decidendi

Although there was no objective basis for recusal, the court resolved any doubt in favour of recusal and arranged for a substitute judge to avoid dissatisfaction or future complaint.

Court Disposition

Application for recusal allowed; Wilson LJ recused himself.

Orders

  • Wilson LJ recused himself from the appeal.
  • The matter to proceed before a substitute Lord Justice at 2.00pm the same day.