Newtel Ltd. v Devaney [2013] 2 JLR 339 (26 September 2013)
- Citation
- [2013] 2 JLR 339
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Employment Tribunal / Recusal Application
More details
- Posture
- Employment Tribunal / Recusal Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The chairman must recuse herself if her husband is a partner in a firm instructed by a party to the case, as this creates a real possibility of bias due to a direct financial interest.
Court disposition
recusal ordered
Orders
- Chairman to recuse herself from the case
- Additional deputy to be appointed to hear the claim
02
Material facts
Parties
Newtel Ltd.
ApplicantDevaney
Respondent03
Procedural history
Posture
Employment Tribunal / Recusal Application
04
Questions and positions
Legal issues
Whether the tribunal chairman should recuse herself due to apparent bias arising from her husband's partnership in a firm instructed by a party to the case
Party arguments
- Applicant
- The chairman should recuse herself because her husband is a partner in a firm instructed by a party, creating a real possibility of bias.
- Respondent
- If the chairman's husband has a direct financial interest, the party is effectively paying the chairman, necessitating recusal.
05
Court’s reasoning
Legal principles
- 01
apparent bias test
A fair-minded and informed observer, having considered the facts, would conclude there is a real possibility of bias if the chairman's husband is a partner in a firm instructed by a party to the case.
06
Ratio, limits and disposition
Ratio decidendi
The chairman must recuse herself if her husband is a partner in a firm instructed by a party to the case, as this creates a real possibility of bias due to a direct financial interest.
Obiter and limits
- If no one is available to hear the case, an additional deputy should be appointed, even if this causes unfortunate delay in hearing the claim.
Court disposition
recusal ordered
- Chairman to recuse herself from the case
- Additional deputy to be appointed to hear the claim
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
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Newtel Ltd. v Devaney [2013] 2 JLR 339 (26 September 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR132339.html Cite as: [2013] 2 JLR 339 [ New search ] [ Help ] Newtel Ltd. v Devaney 2013 (2) JLR 339 (26 September 2013) Employment-Employment Tribunal-apparent bias-test-whether fair-minded and informed observer, having considered facts, would conclude real possibility of bias-chairman to recuse herself if husband is partner of firm instructed by party to case before tribunal-as husband has direct financial interest in case, party effectively paying chairman-if no one available to hear case (deputy chairman having already recused herself), additional deputy to be appointed-unfortunate delay in hearing claim 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: 2013 (2) JLR 339 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR132339.html
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