In re Esteem Settlement v [2001] JLR 169 (20 March 2001)
- Citation
- [2001] JLR 169
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Recusation / Interlocutory
More details
- Posture
- Recusation / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It is generally inappropriate for anyone other than the judge concerned to determine the issue of their own recusation, except in exceptional circumstances.
Court disposition
Application dismissed
02
Material facts
Parties
Esteem Settlement
Applicant03
Procedural history
Posture
Recusation / Interlocutory
04
Questions and positions
Legal issues
Whether a judge should determine the issue of their own recusation in cases of alleged apparent bias
Party arguments
- Applicant
- The applicant contends that due to apparent bias, the judge should not determine the issue of their own recusation.
- Respondent
- The respondent argues that, except in exceptional circumstances, it is normally wrong for others to resolve the issue of a judge's recusation.
05
Court’s reasoning
Legal principles
- 01
In re Esteem Settlement v [2001] JLR 169
Although it may be prudent in exceptional circumstances for a judge not to determine their own recusation, it is normally wrong for others to resolve the issue.
06
Ratio, limits and disposition
Ratio decidendi
It is generally inappropriate for anyone other than the judge concerned to determine the issue of their own recusation, except in exceptional circumstances.
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
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