Source: All England Reporter
Publisher Citation: [2002] All ER (D) 266 (Jul)
Court: Court of Appeal, Civil Division

Ward, Tuckey and Clarke LJJ

Representation Graham Platford (instructed by McKeags, Gosforth) for the claimant.
  Howard Smith (instructed by Crutes, Newcastle upon Tyne) for the defendant
Judgment Dates: 17 July 2002


Natural justice - Judge - Bias - Judge sending parties draft judgment without having received closing submissions - Judge mistakenly indicating in draft judgment that he had received closing submissions - Claimant applying for re-trial - Judge refusing application and recalling draft judgment - Whether judge demonstrating actual or apparent bias.

The Case

Where a judge sent a draft judgment to the parties in litigation, indicating he had heard closing submissions when he in fact had not, he was right to refuse an application by on of the parties for a retrial having indicated he was willing to recall and reconsider the judgment after receiving closing submissions. In such circumstances, a fair-minded and informed observer would not conclude that the judge had demonstrated actual or apparent bias.

Practice Areas

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