Independent News and Media (Recusal application) (Approved) [2021] IEHC 101 (15 February 2021)

Objective bias cannot be inferred from errors or patterns of errors within the decision-making process; absent external factors or prejudicial statements, the application for recusal or revocation must be refused.

Citation: [2021] IEHC 101
Parties: Moving Party: Leslie Buckley; Respondent to the Application: Richard Fleck; Respondent to the Application: Sean Gillane
Jurisdiction: Ireland
Judgment Date: 15 February 2021
Procedural Posture: Application to Revoke Appointment of Inspectors Under Companies Act 2014 / Judgment on Revocation Application
Outcome: application refused
Legal Topics: Objective Bias, Recusal of Inspectors, Fair Procedures, Appointment of Inspectors, Judicial Review

Company Law Administrative Law Objective Bias Recusal of Inspectors Fair Procedures Appointment of Inspectors Judicial Review

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Parties

Leslie Buckley

Moving Party

Richard Fleck

Respondent to the Application

Sean Gillane

Respondent to the Application

Procedural Posture

Application to Revoke Appointment of Inspectors Under Companies Act 2014 / Judgment on Revocation Application

Legal Issues

1 Whether errors in draft statements by inspectors give rise to objective bias warranting recusal or revocation of appointment
2 Whether the High Court should infer bias from alleged errors within the decision-making process

Ratio Decidendi

Court Disposition

application refused

Orders

Application to revoke appointment of inspectors under Companies Act 2014 refused.
Costs to follow the event; successful party (inspectors) entitled to recover legal costs unless parties submit otherwise within two weeks.