Replacing a Judge
During a hearing you will find that a Judge often gives an indication of how he sees the outcome, even before all the evidence has been heard and documents read.
This can be a body blow, as it creates the impression of bias, and it can be disheartening and distressing
If this happens you should politely draw it to the attention of the Judge. Assure him that you do not think for a moment that he is biased, but that he has given that impression and justice must be not only done but seen to be done.
You can ask for a copy of the audio recording made in Court if there is one or any notes made of the Judge’s remarks.
On any basis, this can be a grounds for appeal.
You may be nervous about asking the Judge to recuse himself (come off the case) because after that he will be against you. Do not let that influence you. If you feel that the Judge looks biased go ahead and say it. That may help you on an appeal but saying nothing will certainly not.
If you feel your Judge is not being fair or has made up his mind consult the experts. At our London offices but helping people all over the country we have a fixed fee service with an email and telephone advice service which is second to none.
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Often this happens and I think that some clients get scared to say anything against the judge. This is purely because they think it will effect the outcome of the case. Either way they are at a loss. best to bring it up then sit there silently. Kiran
We have had many cases where the main appeal grounds were the fact that the judge was biased. Again adding costs to the proceedings for the client. It’s always better to have mentioned it earlier rather than later
Amazing. I wish I had known. My judge was clearly a racist toff who did not even pretend to show me respect. Am I too late to appeal?
Mohammed