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Buachaill, Barrister
Category: Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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Under rule of appearance of bias ( Porter v Magill) judge disqualified

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Under rule of appearance of bias ( Porter v Magill) judge disqualified from hearing case Morrison v AWG, Pinochet : friend of defendant ; sub committee of high court chaired by judge with membership two solicitors representing 5 defendants : very contentious case medical negligence : loss of life
Application under JR : certiorari quash decision judgment and order for costs
Any hope of getting leave ? or any hope og getting permission to appeal costs £800,000 just been served
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

Still waiting for an answer

Expert:  Buachaill replied 1 year ago.
1. Could you better explain the situation. Who are you? Who do you represent? What is your relationship to this case? What decision did the judge reach on the issue of appearance of bias? On what basis did the judge act? What evidence do you suggest the judge is wrong and the ruling on the bias is wrong and should be reversed upon judicial review? Was there some personal friendship involved? Or was there membership of a group or club?
Customer: replied 1 year ago.

1. Civil claim : death of my husband in NHS hospital .

2. Personal litigant

3. Grave matter ....ERCP ....insertion of metal expandable stents in bile duct voided which caused bile to enter abdomen ...sepsis and death.

4. Failure to disclose adverse advent .

5. ERCP not completed ....yet doctor made diagnosis of inoperable cancer . Pathologist ....found no cancer ....reversed onne week later to pinpricks of cancer .

6. Presiding judge personal friend of key defendant in action ....remarks made to him during trial by defendant !

7.No explanation offered by judge to litigant who was unaware of her rights in matter

8. After case ....discovered subcommittee chaired by judge where two solicitors representing defendants in action were members ....entry on www of another committee member says purpose of committee was to advise and manage cases case discussed beyond environs of court.

9. According to Morrison v AWG ....judge disqualified from hearing case ...therefore acting without jurisdiction in matter ... application for leave to quash judgment and order for costs : appearance of bias ; procedural unfairness

Is this the correct procedure : as Pinochet : decision set aside under rule of appearance bias

Expert:  Buachaill replied 1 year ago.
2. I most certainly think you will get leave to take judicial review proceedings on the basis of bias. The test is one of objective bias. Here, given what you say about the judge, there was all the appearance - objectively - of bias. As part of this judicial review application, you should seek that the judge or HM COURTS & Tribunals Service pay the £800k costs you have incurred by the judge dealing wrongly and improperly with the case. Here, the judge, because of his superadded duty owed to a lay litigant, owed an additional obligation to ensure impartiality. So it is a very clear case of bias.
Customer: replied 1 year ago.

Thank you for this response . Listing office clerk raised issue Judicial Review not appropriate ....could not JRdecision of a judge!

Should be appeal ??/ Another point ...I took my time from when Iwas notified of intention to serve costs ref: 3months time frame for making application.

Simply an application for quashing order on the grounds judge acting without jurisdiction in matter ....therefore doctrine of nullity applies

Expert:  Buachaill replied 1 year ago.
3. Judicial review takes place of judicial decisions all the time. You only have to look at the judicial review list to see that this is the case. You also have the option of an appeal. However, here you are seeking to argue a different case to the one you argued at first instance. So, on normal pleading grounds, you should not be allowed to make a case you haven't pleaded. So judicial review is much more appropriate. However, if you seek opinions from all and sundry and continue to prevaricate, then time limits for all options will run out. You can see the problems or you can adopt a solution!
Buachaill, Barrister
Category: Law
Satisfied Customers: 10115
Experience: Barrister 17 years experience
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