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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> London Borough Of Ealing & Ors v Jan  EWCA Civ 329 (7 February 2002)
Cite as:  EWCA Civ 329
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COURT OF APPEAL (CIVIL DIVISION)
Thursday, 7th February 2002
B e f o r e :
LORD JUSTICE TUCKEY
SIR ANTHONY EVANS
|LONDON BOROUGH OF EALING AND OTHERS|
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 020 7404 4040
Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MR GELDART appeared on behalf of the Defendant
Crown Copyright ©
"I am determined actually if I can to give him the benefit of the doubt."
"Your Honour, perhaps I will sit down at this stage in the light of that indication."
"Mr Geldart and I repeat, Mr Green has an uphill task to show this Court so that I am satisfied that he knew of this hearing or was evading service. The reason I put it like that is because while I frankly do not trust your client or Mr Stanley further than I could throw them on this particular topic ..."
"Your Honour, with respect ..."
"When I say 'served', I do not mean personally served in accordance with the rules and I do not mean sufficient notice, but he knew of the proceedings, probably, but probably is not good enough. I have already indicated that I do not trust Mr Jan further than I can throw him on this issue. I have said that and I am prepared to repeat it. I have great doubts about Dr Stanley. Great, great doubts about Dr Stanley and his role in passing or not passing information served on him. I have no reason to suppose that he opened any envelope that arrived. I have no reason to suppose that he did not return the envelopes to the Court. I accept that he did but I do not know what he said to Mr Jan, though I can imagine."
"I do invite your Honour to disqualify yourself from hearing the committal application. One who has heard Mr Jan in the past and heard a marked view of his credit as a witness."
"Not whether he pursues it but whether objectively speaking justice may not be seen to be done, not just by him, but generally..."
"Is there an appearance of fairness where the Judge does not come fresh to the case? Having taken that sort of view and it is not that straightforward ..."
"Yes, I rule on it and my ruling is that I am in no wise disqualified from hearing the case. I can see no reason either of actual or perceived bias. There must indeed be many cases in which a Judge is in grave doubt as to the credibility of the applicant in a situation like this and it cannot be in such a case that the judge is then disqualified from hearing the substantive hearing, so, no, the application is refused."