Baglin v Att. Gen. [2005] JLR 180 (19 May 2005)

Baglin v Att. Gen. [2005] JLR 180 (19 May 2005)

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.

Citation
[2005] JLR 180
Parties
Applicant: Baglin; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
19 May 2005
Procedural Posture
Recusal Application / Judgment
Outcome
application dismissed
Legal Topics
Recusal, Apparent Bias, Judicial Impartiality
Judicial Process Recusal Apparent Bias Judicial Impartiality

Case Brief

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Parties

Baglin

Applicant

Attorney General

Respondent

Procedural Posture

Recusal Application / Judgment

Legal Issues

  1. 1 What is the correct test for apparent bias in judicial recusal applications?
  2. 2 Does gross bad manners or misconduct by a party in a previous appearance before a judge create a real possibility of bias?

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