Hong Kong Case Law

FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER

Court

Court of Final Appeal

Case number

FAMV49/2013

The Court of Final Appeal refused leave to appeal in an apparent-bias case arising from a judge’s severe criticism of counsel during disclosure proceedings.

• Apparent bias
• Recusal
• Fair-minded and informed observer test
• Judicial criticism of counsel
• Mareva injunction
• Unless orders

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S v. L

The Court of Appeal held that Saunders J should recuse himself because his earlier remarks could be perceived as showing apparent bias.

• Apparent bias
• Recusal of judge
• Fair-minded and informed observer test
• Costs
• Apparent-bias
• Judicial-recusal

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