Page 23 - Magistrates Conference 2019

neighbourhood. You are against this proposed move by the local

authority. Can you sign the petition?

19. You have expressed a view in an earlier case on the relevant law which is

pertinent to the current case. One of the parties will be arguing that this view is

incorrect and as a result submits that you should recuse yourself as it is not

possible for you to conduct a fair hearing, having already formed a view on

the law which is contrary to the approach to be advanced by that party. What

do you do?

i) Would it make any difference if you had expressed that view in a) a

public lecture b) a social gathering?

20.

i) You have made adverse views on the credibility of an expert witness

who is to give evidence in the current case before you. Can you try the

case?

21.

i) The lawyer for one of the parties asks to see you privately on a

“personal matter” what do you do?

ii) Instead of asking to see you, the lawyer sends you a note saying that

his brother has just died, but that he wishes to carry on with the

proceedings. However, he does not wish either his client or the other

side to know about his bereavement. What do you do?

iii) What difference would it make if you took the view that he was not

concentrating properly on the case?

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