O'Shea -v- Butler & anor [2015] IECA 48 (09 March 2015)

The alleged circumstances did not meet the test for objective bias; no reasonable observer would apprehend risk of unfairness or partiality, and Barrett J. was correct not to recuse himself.

Citation: [2015] IECA 48
Parties: Plaintiff: Crohan O’Shea; Defendant/appellant: Michael Butler; Defendant/appellant: William Butler
Jurisdiction: Ireland
Judgment Date: 09 March 2015
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: appeal dismissed
Legal Topics: Objective Bias, Recusal of Judge, Duty to Sit, Disqualification Application

Judicial Bias Civil Procedure Objective Bias Recusal of Judge Duty to Sit Disqualification Application

Case Brief

Summary, issues, holding and outcome

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Parties

Crohan O’Shea

Plaintiff

Michael Butler

Defendant/appellant

William Butler

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether Barrett J. ought to have recused himself for objective bias
2 Whether alleged connections to IBRC constitute objective bias

Ratio Decidendi

The alleged circumstances did not meet the test for objective bias; no reasonable observer would apprehend risk of unfairness or partiality, and Barrett J. was correct not to recuse himself.

Court Disposition

appeal dismissed

Orders

Appeal dismissed; Barrett J. was correct not to recuse himself.