Jersey Judgment

In re Sinel v [1999] JLR 135 (01 July 1999)

Judicial Procedure Recusal of Judges Apparent Bias

Citation: [1999] JLR 135
Status: Judgment
Jurisdiction: Jersey
Posture: Recusation / Application for Recusal

More details

Posture: Recusation / Application for Recusal

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Professional case brief

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Source document

Holding and result

Recusal of Jurats as a body is only warranted in exceptional circumstances where a real possibility exists that the complainant would not receive the same fair hearing and treatment as any other party.

Court disposition

application dismissed

Orders

Jurats not recused as a body

Material facts

Parties

Sinel

Complainant

Procedural history

Posture

Recusation / Application for Recusal

Questions and positions

Legal issues

Whether Jurats as a body should be recused for apparent bias

Party arguments

Applicant: Applicant argued that the Jurats as a body should be recused due to apparent bias, claiming a real possibility of unfair treatment.
Respondent: Respondent contended that recusal of Jurats as a body should only occur in exceptional circumstances and that no real possibility of unfair treatment was shown.

Court’s reasoning

Legal principles

01
Jersey Law

Recusal of Jurats as a body is only justified in exceptional circumstances where there is a real possibility of unfair treatment.

Ratio, limits and disposition

Ratio decidendi

Recusal of Jurats as a body is only warranted in exceptional circumstances where a real possibility exists that the complainant would not receive the same fair hearing and treatment as any other party.

Court disposition

application dismissed

Jurats not recused as a body

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1999] JLR 135

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BAILII >> Databases >> Jersey Law Reports >> In re Sinel v [1999] JLR 135 (01 July 1999) URL: https://www.bailii.org/je/cases/JLR/1999/JLR990135.html Cite as: [1999] JLR 135 [ New search ] [ Help ] In re Sinel v 1999 JLR 135 (01 July 1999) Courts - recusation - apparent bias - recusal of Jurats as a body only in exceptional circumstances-must show real possibility that Jurats would not give complainant same fair hearing and treatment as any other party 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: 1999 JLR 135 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1999/JLR990135.html

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