El-Farargy v El Farargy & Ors

El-Farargy v El Farargy & Ors

The judge's remarks, particularly those referencing the Sheikh's ethnicity, nationality, and faith, crossed the line from permissible judicial comment to impermissible mockery, giving rise to the appearance of bias. This justified recusal, as a fair-minded and informed observer would perceive a real possibility of bias.

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
Appeal (family Division Ancillary Relief) / Appeal Against Refusal to Recuse Trial Judge for Apparent Bias
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

Appeal (family Division Ancillary Relief) / Appeal Against Refusal to Recuse Trial Judge for Apparent Bias

Legal Issues

  1. 1 Whether comments made by the trial judge gave rise to apparent bias requiring recusal
  2. 2 Whether the judge's remarks were racially offensive or undermined the appearance of impartiality

Ratio Decidendi

The judge's remarks, particularly those referencing the Sheikh's ethnicity, nationality, and faith, crossed the line from permissible judicial comment to impermissible mockery, giving rise to the appearance of bias. This justified recusal, as a fair-minded and informed observer would perceive a real possibility of bias.

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