Mayo v Cantrade [1998] JLR 173 (28 May 1998)
- Citation
- [1998] JLR 173
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Recusation / Judgment
More details
- Posture
- Recusation / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A judge should be recused if, in the circumstances, a reasonable person would consider there to be a real danger of bias.
02
Material facts
Parties
Mayo
ApplicantCantrade
Respondent03
Procedural history
Posture
Recusation / Judgment
04
Questions and positions
Legal issues
What is the test for apparent bias justifying recusal of a judge?
Party arguments
- Applicant
- The applicant contended that there was apparent bias on the part of the judge, warranting recusal.
- Respondent
- The respondent argued that there was no real danger of bias and that recusal was not justified.
05
Court’s reasoning
Legal principles
- 01
Mayo v Cantrade [1998] JLR 173
The test for apparent bias is whether, in the circumstances, a reasonable person would consider there to be a real danger of bias on the part of the judge in relation to a party before him.
06
Ratio, limits and disposition
Ratio decidendi
A judge should be recused if, in the circumstances, a reasonable person would consider there to be a real danger of bias.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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