- The facts: a tragic case.
- The law: the test for bias.
- The judgment: the fair-minded and informed observer.
While it has been suggested that the fact that ‘application for recusal, or actual recusal, by the judge happens rarely’ is a testament to ‘the integrity of our system of justice’, it has also been rightly pointed out that when the issue does arise, ‘it must be seen as particularly sensitive and potentially serious’: see Samuels, ‘Recusal by the judge: the principles’ [2018] PL 383 at 383. Recently, the exercise of this sensitive jurisdiction occurred in the context of proceedings relating to a very serious matter; the death of a child. The Court of Appeal’s decision in Re C (A Child) [2020] EWCA Civ 987, [2020] All ER (D) 136 (Jul) thus merits consideration, not least because the circumstances in which the alleged apparent bias came to light are very much a reflection of the times in which we are currently living.
The facts
The
