References: [2004] EWCA Civ 341, Gazette 18-Mar-2004, [2004] 1 WLR 2152
Links: Bailii
Coram: Ward, Buxton, Dyson LJJ
Ratio: There had been a Part 36 offer to settle the action. It was disclosed inadvertently to the judge.
Held: There had been no serious procedural irregularity, and fairness and justice did not require a rehearing before different judge.
Jurisdiction: England and Wales
This case cites:
- Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA (Bailii, Times 29-Nov-02, Gazette 23-Jan-03, [2002] EWCA Civ 1642, [2003] 1 WLR 577, [2003] Lloyds Rep IR 131, [2003] 1 All ER (Comm) 140)
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . . - Cited – Berg v IML London Ltd ([2002] 1 WLR 3271, [2002] All ER (D) 46, [2002] 4 All ER 87)
A judge should recuse himself in a civil case only if, subjectively, he considered that the knowledge he acquired of privileged communications disabled him from fairly continuing with the case or, objectively, a fair-minded and informed observer . .
(This list may be incomplete)
This case is cited by:
- Cited – Beasley v Alexander QBD (Bailii, [2012] EWHC 2715 (QB), [2012] WLR (D) 272)
The parties had disputed liability for personal injuries in a road traffic accident. The court had held the defendant liable, but held over the assessment of damages. The defendant sought to refer to the fact of his offer of settlement when . .
(This list may be incomplete)
Last Update: 20 November 2018
Ref: 195527
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