Hirschfield v Abacus Ltd. [2000] JLR 420 (04 December 2000)
- Citation
- [2000] JLR 420
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Recusation / Application
More details
- Posture
- Recusation / Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A judge's criticism of advocates for conduct falling below expected high standards is not, by itself, sufficient to justify recusation for apparent bias in later cases.
Court disposition
application dismissed
02
Material facts
Parties
Hirschfield
ApplicantAbacus Ltd.
Respondent03
Procedural history
Posture
Recusation / Application
04
Questions and positions
Legal issues
Whether a judge's criticism of advocates for conduct falling below expected standards constitutes apparent bias warranting recusation
Party arguments
- Applicant
- The applicant contended that the judge's prior criticism of advocates for conduct falling below expected high standards demonstrated apparent bias and was sufficient grounds for recusation in subsequent cases.
- Respondent
- The respondent argued that such criticism, without more, was insufficient to establish apparent bias or justify recusation.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2000] JLR 420
Criticism by a judge of advocates for conduct below expected standards does not, without additional factors, constitute apparent bias warranting recusation.
06
Ratio, limits and disposition
Ratio decidendi
A judge's criticism of advocates for conduct falling below expected high standards is not, by itself, sufficient to justify recusation for apparent bias in later cases.
Court disposition
application dismissed
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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