DT v Chief Executive of the Department for Child Protection (No 2)

The applicant, DT, sought the disqualification of Livesey ex tempore P from hearing an appeal concerning the vaccination status of the applicant's daughter. The dispute arose from DT's apprehension that the judge's prior involvement in listing the matter before different courts might indicate bias.

The central legal issue before the Court of Appeal was whether the judge's prior actions in managing the case's listing created a reasonable apprehension of bias, thereby necessitating disqualification. The applicant also raised other complaints, which were asserted to be inaccurate.

Livesey ex tempore P reasoned that the mere act of listing the matter before two judges of the Court of Appeal, as opposed to a single judge of the General Division, did not inherently give rise to an apprehension of bias. The judge concluded that the other complaints raised by the applicant were factually incorrect and could be disregarded. Consequently, the application for disqualification was dismissed.