If we make an application for recusal against a judge who rejects it rule and who then ruled out against us
I would like to know what happens If we make an appeal against this decision of the judge to refuse to recuse himself and this appeal is successful does this mean that the decision of the judge is canceled and/or we are entitled to a re-hearing?
I find nothing about application for recusal in the CPRs
Moreover, I heard that to tell to a judge that he is bias is contempt. Hence, do I risk to be prosecuted for contempt if I make an application for recusal against a judge on the ground of bias and if I appeal against his refusal to recuse himself?
Applications for recusal are fairly common. The law is now fairly clear and well settled. Few are made on a good basis, and most are very properly rejected.
It very unlikely that you would be prosecuted for contempt unless there is some additional factor.
@Activist... I found that article very informative, thanks. In my case, which is being heard today, I have just noticed that there has been a change of Judge. The previously named Judge recently presided over a case that involved the same defendant and in similar circumstances- breach of contract re artificial grass installation. The previous judge was quite damning over the behaviour of the defendant.... I wonder if he decided to recuse himself from my case before the defendant accused him (the judge) of being biased ? In the previous case, the defendant didn't like the opinion of the court-approved 'expert witness', claiming that he (the witness) was biased towards the claimant. He applied to the court to have his own expert witness, at a cost of £100, but that request was, not surprisingly, rejected by the judge....
You may wonder. That may be the reason. There may be others.
Please keep your eye on the ball of what you need to prove in your case.
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