Hostility and animosity. Louis Flannery looks at
a shocking case of judicial bias
In February 2006, I wrote about judicial bias after the decision of the Court of Appeal in AWG Group Ltd v Morrison [2006] EWCA Civ 6, [2006] 1 All ER 967, suggesting that judges should heed the advice given by their appellate superiors (see 156 NLJ 7212, pp 278–79). In that case, Mr Justice Evans-Lombe had been told he was wrong to have refused to recuse himself after it had become apparent that he was acquainted with one of the witnesses in a case before him.
It seems that the advice in AWG has been ignored by a prominent judge sitting in the Chancery Division: Mr Justice Peter Smith.
In Howell v Lees Millais [2007] EWCA Civ 720, [2007] All ER (D) 64 (Jul), Peter Smith J was roundly criticised for rejecting an invitation to stand down in a case. The case illustrates the danger that judges being asked to recuse themselves will not be able to view the application objectively.
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The facts are extraordinary. Around November 2006,
