Recusing - does it ever actually happen?

Hi All,

I remember reading a case where a senior judge removed himself from a case because there was some connection via mutual friends at a sailing club - he didn''t know the person directly but recused himself anyway. But in the real world - do judges ever actually recuse themselves, except in situations where they know the parties? I just can''t see it ever happening...?!


Ah - I dug up the case I had heard about - it was Holman J in Mackay vs Mackay 2015. Read about it here: suesspiciousminds.com/2015/10/12/i-am-sa...ng-judicial-recusal/

Yes, it does happen. Usually the subject arises as one of the parties alleged that the judge or judges are in a position of conflict and requests a that they step away from the proceedings.

As the Mackay case occurred in the real world you seem to have answered your own question!

Charles

Thanks Charles. By the real world I meant in Neasden Magistrates Court with Bloggs vs Bloggs rather than The Right Honorable XYZ knowing someone in his gentlemen''s club so recusing himself from proceedings in the PRFD or Surpreme Court. I can imagine periodically judges come across people they know which might be a factor. What about a scenario where they''ve become emotionally involved? I.e. to recuse themselves because of their own limitations or wrong-doings? This is what I can''t see happening...

I can''t see a judge becoming emotionally involved in a case as they don''t get enough exposure to any of the parties. Deal with a case, move on to the next, rinse and repeat.

If a judge were to come across a case where they knew one of the parties, it would be best to recuse at that point and the case can be allocated to another judge. I expect that this does happen although not often as judge''s do not sit in their own area of practice - they are normally placed in another court e.g. a solicitor who practices in Birmingham who sits as a deputy district judge will go to Worcester or Oxford.

Charles