header-logo header-logo

21 February 2008 / Craig Barlow , Jason M Hadden
Issue: 7309 / Categories: Features , Media , Profession
printer mail-detail

The El Farargy Postscript

Craig Barlow and Jason M Hadden consider judicial bias and the flying carpet

The Court of Appeal’s recent decision in El Farargy v El Farargy [2007] EWCA Civ 1149, [2007] All ER (D) 248 (Nov) was always going to make the national press, especially as the court held that—as a matter of law—an experienced Family Division High Court judge (Mr Justice Singer) should be recused from adjudicating upon the division of assets in a big money divorce case because of remarks he had made during a number of interlocutory applications in the same proceedings.

 

COLOURFUL VIEWS

The newspapers did not spare Singer J’s blushes and reported in lurid detail the remarks he had made about the Egyptian and Muslim husband. Contextually viewed, the judge’s remarks, while sometimes colourfully expressed, were—some might feel— justified. Singer J found himself squarely confronted by an allegedly rich husband who had—not merely on Singer J’s findings, but on the previous judge’s findings—consistently and flagrantly defied the court’s orders to the potential expense and detriment of his former wife:

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll