States Greffier v Les Pas Holdings Ltd. [1998] JLR 196 (24 June 1998)

States Greffier v Les Pas Holdings Ltd. [1998] JLR 196 (24 June 1998)

Movement of head by court members does not amount to substantial grounds for apparent bias and does not justify recusation; insubstantial applications are to be refused and may be punished by indemnity costs.

Citation
[1998] JLR 196
Parties
Applicant: States Greffier; Respondent: Les Pas Holdings Ltd.
Jurisdiction
Jersey
Judgment Date
24 June 1998
Procedural Posture
Application for Recusation / Judgment
Outcome
application refused
Legal Topics
Recusation, Apparent Bias, Court Conduct
Judicial Procedure Recusation Apparent Bias Court Conduct

Case Brief

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Parties

States Greffier

Applicant

Les Pas Holdings Ltd.

Respondent

Procedural Posture

Application for Recusation / Judgment

Legal Issues

  1. 1 Whether movement of head by court members constitutes apparent bias justifying recusation
  2. 2 Whether application for recusation was made on substantial grounds

Ratio Decidendi

Movement of head by court members does not amount to substantial grounds for apparent bias and does not justify recusation; insubstantial applications are to be refused and may be punished by indemnity costs.

Court Disposition

application refused

Orders

  • Application for recusation refused
  • Insufficient grounds for apparent bias