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29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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Civil litigation

El Faraghy v Faraghy and others [2007] EWCA Civ 1149, [2007] All ER (D) 248 (Nov)

Lord Justice Ward (at para 32) gave guidance on recusal applications.
If circumstances permit it, an informal approach should first be made to the judge, making the complaint and inviting recusal. While judges must not yield to tenuous or frivolous objections, a judge can deny the complaint but still pass the case to a colleague.

If a judge does not feel able to do so, then it may be preferable, if it is possible to arrange it, to have another judge take the decision. Where the appearance of justice is at stake, it is better that justice be done independently by another, rather than require the judge to sit in judgment of his own behaviour.

Issue: 7299 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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