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Recusal with 'extreme reluctance' for High Court judge (Otkritie & Ors v Urumov & Ors)

Recusal with 'extreme reluctance' for High Court judge (Otkritie & Ors v Urumov & Ors)
Published on: 07 May 2014
Published by: LexisPSL
  • Recusal with 'extreme reluctance' for High Court judge (Otkritie & Ors v Urumov & Ors)
  • Judgment details
  • Practical implications
  • Key points for practitioners from the judgment
  • Mr Urumov's grounds for recusal
  • The judge's analysis

Article summary

DR analysis: In a recent judgment, Mr Justice Eder recused himself from hearing an application for permission to pursue committal proceedings against the first defendant (Mr Urumov) as well as from involvement in any actual committal proceedings. Although the judge was prepared to reject the defendant's submissions in favour of recusal based on allegations of ‘apparent’ bias, he reached the conclusion, ‘with extreme reluctance’, that it was appropriate for him to recuse himself on the basis that some of the defendant’s submissions were tantamount to allegations of ‘actual’ bias. In this article, we discuss the court’s judgment, including how the recent decision of Andrew Smith J in Dar Al Arkan Real Estate & Anor v Al Refai & Ors was distinguished on the facts. or take a trial to read the full analysis.

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