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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33284
Experience:  family solictor with 25 years experience
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Is the following term being used universally in court

Customer Question

Is the following term being used universally in court proceedings everywhere? The term being: 'Judicial Disqualification'
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

In what context?

Customer: replied 1 year ago.
Does Judicial Disqualification apply to Only Judges or anybody else?
Expert:  Thomas Judge replied 1 year ago.

again, sorry in what context

Customer: replied 1 year ago.
Apologies Not accepted.
Am I being charged for your Useless Replies: 'In what context?' and 'again, sorry in what context'
If I am being charged, I expect RefundS, same that I expect Serious Responses to My Serious Questions.
My Time is Extremely Valuable and so is the Money that pays for the Responses I am looking for: don't waste either of them.
Expert:  Thomas Judge replied 1 year ago.

If your question is not clear then I can not help. I will opt out.

Expert:  Jo C. replied 1 year ago.

Would it be possible to explain the context in which this is used?

Customer: replied 1 year ago.
How do you mean exactly?
Expert:  Jo C. replied 1 year ago.

In what context was the term used?

Customer: replied 1 year ago.
What is Judicial Disqualification?
Expert:  Jo C. replied 1 year ago.

I need to know in what context the term was used?

Customer: replied 1 year ago.
Jo I am confused: on the top of the page it says that you are a Barrister and in your 'answers' it says you are a Solicitor.
Can you please explain which one you are please? Barrister or Solicitor?
Expert:  Jo C. replied 1 year ago.

I am a barrister.

Would it be possible to give me the information I asked for?

Customer: replied 1 year ago.
Would it be possible to give me the information 'I' have been asking for?
It saddens me that my question is being treated as a Joke by yourselves in Uk, well after 24hrs after I asked.
Expert:  Jo C. replied 1 year ago.

Ok. Best of luck with this.

Opting out.

Expert:  Clare replied 1 year ago.

Hi

My name is ***** ***** I will try and assist

However I do need a little more information first to understand what context the words "Judicial disqualification" are being used in and what "everywhere" means to you.

After all I have no idea what those words might mean in countries which do not share our legal system - and there are more that don'e than do - and Judicial Disqualification could be disqualification BY the Judges or OF a Judge depending on the context

I want to be sure that I am actually diving accurate information - and the information you need to know!

So a little context would help - otherwise I will simply give a generalised overview!

Customer: replied 1 year ago.
Many Thanks Clare for your Kind response and particularly for not responding my Q with the same Q repeatedly as the previous people Always do and long etc., when My Qs are normally of a General nature at first and even though I tried re-phrasing and I could not work out what 'context' response should I give and they kept on asking the same Q.. Your kind words helped clarify the 'context' I was expected to give -I think! however, and to be on the safe side:A Generalised Overview will Help Initially and I feel that it will help me Ask you the Appropriate Questions and take it from there, same as if there is any info that I can find by myself online about the subject and you can send me the links, it will also be appreciated.
Expert:  Clare replied 1 year ago.

Bearing in mind that you are asking this question on the UK law Section I shall assume that what you are referring to is the requirement of Judges to "recuse" themselves from a case

" if a fair-minded and informed observer, having considered all the facts, would conclude that there was a real possibility that the judge was biased" (Lord Justice Arden 2013)

Please ask if you need further details

Customer: replied 1 year ago.
recusal, which I understand is like Judicial Disqualification even though Judicial Disqualification is a broader term.From your response, I understand that it is a 'Requirement' for Judges to recuse themselves when the judge agrees there is bias but what about when the biased judge doesn't recuse himself?My Qs in UK Law:-When biased judges don't recuse themselves, who does and what is the procedure to follow from a 'fair-minded and informed observer'?-What are the circumstances when a Judge is, can or should be removed, besides removing themselves?
Expert:  Clare replied 1 year ago.

Either party to the action can make the application - more details here

http://www.1cor.com/1315/?form_1155.replyids=669

Customer: replied 1 year ago.
Many Thanks Clare for the link to the Article.
1.- The application you mention is to Report a Biased judge?
2.- If so, Where can we Obtain or Download the Application?
3.- In case I have misunderstood, can you please run me through Exactly What To Do to Report a Biased judge or to see that the biased judge is Removed from the case?
Expert:  Clare replied 1 year ago.

Are you a party to the case?

Customer: replied 1 year ago.
I need the Right information and the Exact Steps to take
Expert:  Clare replied 1 year ago.

i need to know if you are a party to the case

Customer: replied 1 year ago.
I have not explained any case in particular but it is Very Important that I have the Right Information
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you.

You can have the details set out in a "Separation Agreement" which will also confirm the intention to divorce after two years and for the Financial Agreement to be turned into a Court Order

Alternatively you can agree to a divorce based on Adultery by one of you and have a Consent Order prepared

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
URGENT-
Dear Clare,
Just to let you know that you just sent me the response meant for another person.
I Hope this helps :)
Expert:  Clare replied 1 year ago.

Sorry about that - it is a site glitch which is sending me mad!

One of the Parties has to make the application - the form is an N244 and you can find details on filling it in here

http://www.inbrief.co.uk/civil-court/application-notice-n224.htm

However if it is a Family matter then it is a D11

Customer: replied 1 year ago.
Thank You, Clare.
Am I to understand that a Biased judge can be actually Reported with a N244 AF?
Expert:  Clare replied 1 year ago.

No not reported.

This form is used to apply to have the Judge recuse him/herself

Customer: replied 1 year ago.
Many Thanks Clare.
And in instances where the biased judge has already made the order? even though the party affected has expressed continuously the concerns in writing..
Expert:  Clare replied 1 year ago.

Then it forms part of the appeal

Customer: replied 1 year ago.
Thank You for your prompt responses to this matter, Clare and I am sorry that I may 'sound' evasive but it is a serious case and I Need to trust the Expert.
It is late and you must be exhausted -I can see that you are helping others too.
I am going to try to rest a little bit and I will check your response later on.
If you are happy to discuss this further, I appreciate you and I will be happy too :)
Expert:  Clare replied 1 year ago.

That will be fine

Customer: replied 1 year ago.
Apologies Clare for my Delay in getting back to You and Many Thanks for your Kind response.Regarding my past Q and Your Kind Response:
"Am I to understand that a Biased judge can be actually Reported with a N244 AF?"
"No not reported, This form is used to apply to have the Judge recuse him/herself"My next Q is:
Q.- Is it possible to actually Report a Judge and if it is possible, what is the procedure?I look forward to hearing from You and Many Thanks in Advance.
Expert:  Clare replied 1 year ago.

Unless one of the Parties wishes to act in the way I have set out then the only option is to make a complaint

http://judicialconduct.judiciary.gov.uk/making-a-complaint.htm

Customer: replied 1 year ago.
Many Thanks Clare.
Regarding another past Q and Your kind answer:
"And in instances where the biased judge has already made the order? even though the party affected has expressed continuously the concerns in writing.."
"Then it forms part of the appeal"My Next Q:
-If the Biased judge makes the Order, the party affected is Planning to Appeal it but the order from the court is Never Received, the Time Period to appeal Passes, what is the Best Way to Proceed?
Expert:  Clare replied 1 year ago.

Then the Party applies for leave to appeal out of time

Customer: replied 1 year ago.
Is there a particular application form to apply and if so, could you pls. let me know which one and where to find it ? as I have been trying since I read Your kind response but have been unable to find it.
Expert:  Clare replied 1 year ago.

You use the N244

Customer: replied 1 year ago.
I was thinking that may be the case; Many Thanks Clare.
Clare, is it possible in the application to Request a Different Court or a Different Venue?
Is it possible to Choose the Court where we want the proceedings to take place?
Expert:  Clare replied 1 year ago.

No it is not i am afraid

Customer: replied 1 year ago.
However it is possible to Start a New Claim in a Different court, is it not?
Expert:  Clare replied 1 year ago.

Not usually no

Customer: replied 1 year ago.
Many Thanks Clare for bearing with me with me and Thanks for your fast responses and to the point.
My Next Q:
-Is it possible to ask a judge -face to face- to recuse himself -in a hearing?
Expert:  Clare replied 1 year ago.

That is what happens when the application to recuse is made

Customer: replied 1 year ago.
If we don't know whose judge will be presiding and when we arrive to the hearing, we find that it is the biased judge, can we ask the biased judge Verbally to recuse himself then follow up with an application? or How Best to do it?
Expert:  Clare replied 1 year ago.

Yes the party to the matter can ask permission to make an Oral application

Customer: replied 1 year ago.
Many Thanks Clare. So that, to act correctly, say in court to the biased judge:
"I would like to make an Oral Application" then wait for permission from the judge, then:
"I would like to ask you to recuse yourself from this case"
Sounds right?
Expert:  Clare replied 1 year ago.

Yes but it is not an application to take lightly and only on the basis that the Judge has not been nice in the past.

It shoudl only be done if there is a specific action that can be pointed to as proof of bias

Customer: replied 1 year ago.
There is Clare, I don't take those things lightly.
I will get back to you shortly.
Expert:  Clare replied 1 year ago.

It would help me with my list if you could consider rating now as otherwise I have to keep responding even when it is clear you need time to think!

Customer: replied 1 year ago.
Actually I needed time to sleep, as it was 4am when I responded :)Claire, I would like to know how Best I can benefit You and believe it or not, I have been trying to find out from the website these past days to No Avail, therefore I will ask You directly as I feel You are Honest and I Trust Your Integrity:1.- I have always been of the impression that the Expert gets paid for Every Answer that they give: could You please confirm that you are being paid for every Answer that you are providing and:2.- How does this service work from your end, how are the Experts being Paid for offering their Expertise and what is the Best way to benefit the Expert, in this case: You.Please respond to My 2questions as I need to know because different 'Experts' have been giving me different answers, same as when the client rates, some of them Stop responding, this is why I always Rate at the end; Even though I have been Truly Concerned that My Rating to You is Long Overdue, this being the reason why I have not been regularly on the website, asking all that I have been needing.
Expert:  Clare replied 1 year ago.

I get paid when you give a positive rating - if there is no positive rating then I do not get paid!

I am aware that not all experts carry on after that - but I am happy to continue with follow ups so long as you need clarification.

The law can be confusing even for lawyers!

Customer: replied 1 year ago.
Many Thanks Clare.In a FOLLOW-UP and once you get a Positive Rating:1.- Do You get paid for Every answer in the follow-up as it has always been my Belief?
or:
2.- Do You get paid only Once, regardless of how many answers you provide in the follow-up?
Expert:  Clare replied 1 year ago.

AS I understand it I get paid for each accept - but I will ask customer services to clarify

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