A2 / 2010 / 0606
ON APPEAL FROM QUEEN'S BENCH DIVISION
MR JUSTICE EADY
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE HOOPER
LORD JUSTICE RIMER
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Mr Gavin Nillar QC and Mr Adam Spever (instructed by Reynolds Porter Chamberlain LLP) appeared on behalf of the Respondent.
Crown Copyright ©
Lord Neuberger, MR:
"When the Claimant's fraudulent business scheme had been forced to close […] he was not earning any money and needed assistance from others. He did not have his own social security number and therefore could not set up for himself an account for a mobile telephone. He therefore prevailed upon Ms Darcy to let him use her social security number in order to set up an account for a telephone for him to use."
And then the defence states that that is what he did.
"The claimant had his own security number and did not need, and did not ask, to use Ms Darcy's for the purpose of setting up a mobile telephone account or any other accounts."
"However it should be noted that the Claimant is a United States Citizen and has had an American drivers license, bank accounts etc which all require a social security number. It would have been impossible to live in America and obtain the above without a social security number."
"whether the social security number was in use between January 1985 and January 1992."
"5. By 4 pm on Monday 22 March 2010 the Claimant must serve on the Defendant a witness statement explaining in detail
5.1 the reason for the inadequacies in his disclosure;
5.2 how and why he came to serve his second and third witness statements served on 18 December 2009; and
5.3 why he stated in those statements that the Defendant was not entitled to the relief sought on its application yet conceded in a further witness statement dated 18 February 2010 and through his Counsel in the day of the hearing that the Defendant was entitled to the relief sought.
6. If the Claimant's explanation in his witness statement in respect of subparagraphs 5.1 to 5.3 above is because of advice he received from Tehrani & Co then solicitor with conduct of the Claimant's disclosure at Tehrani & Co must serve a witness statement explaining how the matters in subparagraphs 5.1, 5.2 and 5.3 above proceeded in the way they did."
"carry out a search in order to ascertain the number of occasions upon which it has instructed Sharp J as counsel […] between 1 January 2004 and the date of her appointment at the High Court Bench in 2009.[and certain other consequential matters which are unnecessary for me to refer]".
"Nor, at any rate ordinarily, could an objection be soundly based on the judge's […] previous receipt of instructions to act for or against any party, solicitor or advocate in a case before him [or her]."
"The court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer [having considered the facts] to conclude that there was a real possibility […] that the tribunal was biased."
Lord Justice Hooper:
Lord Justice Rimer:
Order: Appeals dismissed; application refused