The Law Soc Gazette
Appearing remotely, Sasha Wass KC, for Gerrard, told the court than an impartial observer might conclude that the judge had made up his mind on the contempt. ‘We say it would be inappropriate for My Lord to preside over the contempt hearing or indeed the permission for contempt. A fresh judge should take over for this limited part.’
However Nathan Pillow KC, for ENRC, said: ‘Having to decide different matters in different cases, even when there is substantial overlap is not bias, it is judging. What Your Lordship has not done is made any finding to the relevant criminal standard.’
Recusing himself from the contempt proceedings, Waksman said: ‘I do not intend to provide gloss on my judgment. Given the terms [in which] I rejected Mr Gerrard’s evidence, the fair-minded observer would conclude there is a real possibility that I would have pre-judged the issue [to be before committal proceedings] in some way. There is real doubt…the authority indicates I should recuse myself.’
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