Baglin v Att. Gen. [2005] JLR 180 (19 May 2005)
- Citation
- [2005] JLR 180
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Recusal Application / Judgment
More details
- Posture
- Recusal Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Gross bad manners or misconduct by a party in a previous appearance before a judge, including spitting and swearing at the court, is insufficient to create a real possibility of bias; mere allegation of bias without evidence is also insufficient.
Court disposition
application dismissed
02
Material facts
Parties
Baglin
ApplicantAttorney General
Respondent03
Procedural history
Posture
Recusal Application / Judgment
04
Questions and positions
Legal issues
- 01
What is the correct test for apparent bias in judicial recusal applications?
- 02
Does gross bad manners or misconduct by a party in a previous appearance before a judge create a real possibility of bias?
Party arguments
- Applicant
- The applicant alleged apparent bias by the judge due to prior incidents involving gross bad manners, including spitting and swearing at the court.
- Respondent
- The respondent argued that mere allegations of bias without evidence are insufficient and that prior misconduct by the applicant does not establish a real possibility of bias.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports, 2005 JLR 180
The test for apparent bias is whether a hypothetical observer would conclude there is a real possibility (not a real danger) of bias.
06
Ratio, limits and disposition
Ratio decidendi
Gross bad manners or misconduct by a party in a previous appearance before a judge, including spitting and swearing at the court, is insufficient to create a real possibility of bias; mere allegation of bias without evidence is also insufficient.
Court disposition
application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Baglin v Att. Gen. [2005] JLR 180 (19 May 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050180.html Cite as: [2005] JLR 180 [ New search ] [ Help ] Baglin v Att. Gen. 2005 JLR 180 (19 May 2005) Courts-recusation-apparent bias-test for apparent bias-whether hypothetical observer would conclude "real possibility" (not "real danger") of bias-gross bad manners by party in previous appearance before judge, including spitting and swearing at court, insufficient to create real possibility of bias-mere allegation of bias without evidence also insufficient The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2005 JLR 180 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050180.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.