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Judicial Review—High Court quashes decision refusing recusal application (Ladybill v Sheffield Magistrates’ Court & Rotherham Metropolitan Borough Council)

Judicial Review—High Court quashes decision refusing recusal application (Ladybill v Sheffield Magistrates’ Court & Rotherham Metropolitan Borough Council)

Rowena Wisniewska has written a case analysis in partnership with LexisNexis UK.

The High Court has ruled that the fair-minded and informed observer would be entitled to conclude that there was a real possibility that the decision of a district judge (‘the judge’) in the Magistrates’ Court was likely to be influenced by the desire to decide the Ladybill case in a way which validated, after the event, his earlier decision in a case called Emeraldshaw. The challenge was brought by way of judicial review in respect of the judge’s decision dated 23 May 2024, refusing to recuse himself from hearing proceedings between Ladybill and Rotherham Borough Council (‘the interested party’). Prior to that the judge had handed down a decision dated 21 March 2024 in the case of Sheffield City Council v Emeraldshaw Ltd, which was a claim by the council for payment of non-domestic rates alleged to be owing in respect of periods between June 2021 and November 2022.

You can read the full analysis, please click here.

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