Post-Vanderbilt, Ben Amunwa examines where the lines are when it comes to recusal
- When recusal is deemed appropriate
- Consequences of failing to make an application for recusal
Should judges recuse themselves if they practise in the same chambers as a barrister in the case? No, according to the Court of Appeal in Vanderbilt v Azumi and others [2017] EWCA Civ 2133. However, such cases are fact-sensitive. Certain factors can make recusal appropriate.
Background
Vanderbilt arose from a trademark dispute between a pet food vendor and a Japanese restaurant chain over the use of the name 'Zuma'.
During proceedings in the Intellectual Property Enterprise Court (IPEC), Ms Vanderbilt, who did not have legal representation and was against both a silk and a junior instructed by solicitors, asked Recorder Campbell QC to recuse himself from deciding her summary judgment application on the grounds that he was a practising barrister in the same chambers as the lead barrister representing the respondents' Japanese restaurant chain. The judge fully disclosed this connection at the outset of the hearing and Ms Vanderbilt had already discovered it prior
