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ARTICLE · 15 OCTOBER 2024

The Case For Recusal: A Summary On WSSA V SYH [2024] HKCA 735

Tanner De Witt
Tanner De Witt
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Tanner De Witt

Tanner De Witt

Tanner De Witt is an established independent law firm in Hong Kong. Its primary focus is business...

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In the Family Court, it is common to see high conflict and long running cases. Parties may frequently feel aggrieved by strict case management decisions or substantive decisions made by Judge...

Hong KongLitigation, Mediation & Arbitration
Joanne Brown
Joanne Brown
Kathy Siu
Kathy Siu

In the Family Court, it is common to see high conflict and long running cases. Parties may frequently feel aggrieved by strict case management decisions or substantive decisions made by Judge or a Master which may not be in their favour. In cases where bias is real or perceived, a party may make an application to recuse a judge. These applications are serious and should not be made lightly. They should be filed quickly after the alleged incident of bias and grounded upon fact and not the mere perception of the aggrieved party.

In WSSA v SYH [2024] HKCA 735, the Court of Appeal had the opportunity to consider an application for recusal within the Family Court context and to consider the relevant test for apparent bias.

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