Newtel Ltd. v Devaney [2013] 2 JLR 339 (26 September 2013)

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.

Citation: [2013] 2 JLR 339
Parties: Applicant: Newtel Ltd.; Respondent: Devaney
Jurisdiction: Jersey
Judgment Date: 26 September 2013
Procedural Posture: Employment Tribunal / Recusal Application
Outcome: recusal ordered
Legal Topics: Apparent Bias, Recusal of Tribunal Chairman

Employment Law Judicial Ethics Apparent Bias Recusal of Tribunal Chairman

Case Brief

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Parties

Newtel Ltd.

Applicant

Devaney

Respondent

Procedural Posture

Employment Tribunal / Recusal Application

Legal Issues

1 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

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.

Court Disposition

recusal ordered

Orders

Chairman to recuse herself from the case
Additional deputy to be appointed to hear the claim