Maxwell-Smith v Hall

In *Maxwell-Smith v Hall*, the applicants sought leave to appeal from orders made by the District Court concerning allegations of apprehended bias, procedural unfairness, and the striking out of pleadings. The dispute involved claims that a judge had displayed apprehended bias due to a disclosed friendship with the partner of a defendant solicitor's firm, and that pleadings alleging misuse of confidential information lacked sufficient particularity. The applicants also contended that a judge had failed to appreciate a significant change in particulars within an amended pleading filed between hearings.

The Court of Appeal was required to determine whether a litigant in person should be taken to have waived their right to object to apprehended bias when they did not expressly decline to object. Further, the court had to consider whether the facts revealed a reasonable apprehension of bias, and whether an allegation of misuse of confidential information should have been pleaded with greater particularity. The court also considered whether an amended pleading had been adequately appreciated by the judge.

The Court of Appeal dismissed the application for leave to appeal concerning grounds of apprehended bias and procedural unfairness against the first respondent. However, with respect to the second respondent, leave to appeal was granted, and the appeal was allowed by consent, setting aside certain orders. The application for leave to appeal concerning the third respondent was stood over for further instructions. The application for leave to appeal from an order striking out a paragraph of the amended statement of claim was also dismissed.

The Court made no order as to the costs of the applicants and the first and second respondents in the Court of Appeal, nor as to the costs of the District Court proceedings on 20 April 2012. Consideration of costs for the third respondent in the Court of Appeal was reserved, and further hearings concerning the third respondent were to be fixed by arrangement with the Registrar.