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Criminal-law [2021] JRC 174

Bonney v AG

Bonney v AG [2021] JRC 174 (17 June 2021)

The Royal Court of Jersey allowed an appeal against a magistrate’s refusal to recuse herself, finding apparent bias under the Porter v Magill test.

  • Judicial-bias
  • Recusal-of-judges
  • Apparent-bias
  • Fair-trial
  • Case-stated-procedure
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Criminal-law [2014] 2 JLR 95

Capuano v Att. Gen.

Capuano v Att. Gen. [2014] 2 JLR 95 (30 July 2014)

The court considered apparent bias where the Bailiff knew the defendant’s previous convictions while exercising a casting vote. The test depended on the facts of the individual case.

  • Fair-trial
  • Apparent-bias
  • Judicial-impartiality
  • Criminal-appeal
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Criminal-law [2009] JCA 181

Syvret v AG

Syvret v AG [2009] JCA 181 (04 September 2009)

The Court of Appeal refused leave to appeal in summary criminal proceedings, upheld the Commissioner’s refusal to recuse himself, and found no basis to challenge the costs order.

  • Recusal-of-judge
  • Costs-in-criminal-proceedings
  • Right-of-appeal
  • Bias
  • Natural-justice
  • Apparent-bias
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Judicial-procedure [2001] JLR 169

In re Esteem Settlement v

In re Esteem Settlement v [2001] JLR 169 (20 March 2001)

The case addresses whether a judge should decide their own recusal in a matter involving alleged apparent bias, holding that this is normally the proper course.

  • Recusal-of-judge
  • Apparent-bias
  • Judicial-recusal
  • Judicial-procedure
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Criminal-law [2000] JLR 370

Barra Hotel Ltd. v Att. Gen.

Barra Hotel Ltd. v Att. Gen. [2000] JLR 370 (26 October 2000)

The court held there was no apparent bias requiring recusal when the Bailiff presided over a criminal case prosecuted by his brother, the Attorney General.

  • Judicial-bias
  • Recusal
  • Fair-trial
  • Apparent-bias
  • Criminal-procedure
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Professional-discipline [1999] UR 119

1999/119 - Representation of Batonnier re Advocate Sinel

1999/119 - Representation of Batonnier re Advocate Sinel [1999] UR 119 (1 July 1999)

The Royal Court rejected a bid to recuse the Jurats from disciplinary proceedings against Advocate Sinel and allowed the Attorney General’s representative to act as amicus curiae.

  • Recusal
  • Apparent-bias
  • Natural-justice
  • Constitution-of-court
  • Role-of-amicus-curiae
  • Professional-discipline
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Judicial-procedure [1999] JLR 135

In re Sinel v

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

Application for recusal of the Jurats as a body for apparent bias was dismissed. The court held such recusal is justified only in exceptional circumstances.

  • Recusal-of-judges
  • Apparent-bias
  • Recusal
  • Judicial-procedure
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Judicial-procedure [1998] JLR 196

States Greffier v Les Pas Holdings Ltd.

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

A recusation application for apparent bias was refused because head movements by court members were not substantial grounds. Insubstantial applications may attract indemnity costs.

  • Recusation
  • Apparent-bias
  • Court-conduct
  • Judicial-procedure
  • Indemnity-costs
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Judicial-procedure

Mayo Associates S.A. v Anagram (Bermuda) Ltd.

Mayo Associates S.A. v Anagram (Bermuda) Ltd. [1998] JLR_Note 7b (21 January 1998)

A Jersey Law Reports note on recusal, addressing the procedure to follow where apparent bias is alleged.

  • Apparent-bias
  • Recusal-procedure
  • Judicial-procedure
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.