El-Farargy v El Farargy & Ors [2007] EWCA Civ 1149 (15 November 2007)

El-Farargy v El Farargy & Ors [2007] EWCA Civ 1149 (15 November 2007)

The judge's comments, particularly those referencing the Sheikh's ethnicity, nationality, and faith, crossed the line from tolerable judicial humour to impermissible remarks likely to be perceived as racially offensive and indicative of bias. This created an appearance of unfairness such that a fair-minded and...

Source-derived case information.

Citation
[2007] EWCA Civ 1149
Parties
Applicant: Wendy Ann El-Farargy; 1st Respondent: Nael Mahmoud El Farargy; 2nd Respondent: McKellar Holdings Ltd; Appellant/3rd Respondent: Sheikh Khalid Ben Abdullah Rashid Al Fawaz; 4th Respondent: Wena Hotels Ltd
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Family/ancillary Relief/recusal Application / Appeal From Family Division to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Recusal of Judge, Apparent Bias, Ancillary Relief, Judicial Impartiality
Family Law Judicial Conduct Recusal of Judge Apparent Bias Ancillary Relief Judicial Impartiality

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Parties

Wendy Ann El-Farargy

Applicant

Nael Mahmoud El Farargy

1st Respondent

McKellar Holdings Ltd

2nd Respondent

Sheikh Khalid Ben Abdullah Rashid Al Fawaz

Appellant/3rd Respondent

Wena Hotels Ltd

4th Respondent

Procedural Posture

Family/ancillary Relief/recusal Application / Appeal From Family Division to Court of Appeal

Legal Issues

  1. 1 Whether the judge's comments gave rise to apparent bias requiring recusal
  2. 2 Whether the judge's remarks were racially offensive or inappropriate
  3. 3 Whether the judge had formed a premature view of the case

Ratio Decidendi

The judge's comments, particularly those referencing the Sheikh's ethnicity, nationality, and faith, crossed the line from tolerable judicial humour to impermissible remarks likely to be perceived as racially offensive and indicative of bias. This created an appearance of unfairness such that a fair-minded and informed observer would conclude there was a real possibility of bias. Recusal was therefore required.

Court Disposition

Appeal allowed

Orders

  • Order of Singer J. refusing recusal set aside
  • Matter to be heard by a different judge of the Family Division