Judicial Bias: Apparently, Appearances Can Be Deceptive

The relevant principles relating to the appearance of apparent bias on behalf of a trial judge are well settled in English law, and were most recently applied by the Jersey Courts in the matrimonial case of O'Brien v. Marett & Ors [2007] JRC 236 in which the Third Party sought to have the presiding judge, the Bailiff, recuse himself in these proceedings.

In a judgment dated 1st June 2007 (O'Brien v. Marett & Ors [2007] JRC 109) relating to the costs of a preliminary issue which had been due to be tried on 29th May 2007, the Learned Bailiff made a number of adverse and, in the eyes of the Third Party, highly critical and unjustified findings, as to the Third Party's conduct in relation to that hearing. The Third Party contended that the evidence which he was now placing before the court contradicted these findings, and that had this information been available to the court at the time, it would never