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W (Children: Reopening/Recusal) [2020] EWCA Civ 1685
Successful appeal of a decision to set aside findings of fact in private law proceedings because of judicial recusal and the appearance of bias
This case concerned the mother s application to appeal the decision of HHJ Duggan to set aside findings of fact because of the appearance of judicial bias. In February 2020, DJ Wylie undertook a three-day fact-finding exercise into the mother s allegations that the father had perpetrated domestic abuse against her and two other women (HH and LM). The Judge made six of the findings sought (one of which had already resulted in a guilty verdict in the criminal courts), and on 16 April 2020, gave directions for further evidence and listed a final welfare hearing. The date of final hearing was subsequently adjourned twice, because of the unavailability of the CAFCASS officer, and in the interim, the father applied for contact and to reopen the findings of fact.