Jurisdiction(s):
United Kingdom

Overheard judicial remarks in remote family hearing prompt recusal: Court of Appeal applies Porter v Magill test and orders retrial—Re C (A Child) (England and Wales)

Published on: 30 July 2020

Published by a LexisNexis Family expert

Legal News

Article summary

Re C (a child) [2020] EWCA Civ 987, [2020] All ER (D) 136 (Jul) What are the practical implications of this case?

The case arose when, during a remote hearing that had far exceeded its time estimate, a hard-pressed judge expressed irritation about the mother in what she believed was a private exchange with her associate. As the hearing link had not been closed, the parties unintentionally overheard the remarks. The Court of Appeal had to determine whether those adverse comments signalled a real possibility of bias; while sympathetic to the pressures the judge faced, it concluded that they did.

Considerable understanding was extended to the judge, whose off-the-record words were accidentally audible during a break. The backdrop of the worldwide coronavirus (COVID-19) pandemic is significant. The Court of Appeal recognised that family judges are grappling with unprecedented difficulties in managing remote or hybrid trials, arrangements developed to ensure hearings proceed safely.

The clear practical takeaway is this: all court users must ensure any connection to a remote hearing is properly terminated before entering into private discussions...

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