Jersey Judgment

In re Esteem Settlement v [2001] JLR 169 (20 March 2001)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2001] JLR 169

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In re Esteem Settlement v [2001] JLR 169

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