England: High Court judge recused for excessive hostility towards man over divorce payments

Sir Nicholas Mostyn (pictured) was removed from the case which concerned the former wife ofbusinessman David Mann who claimed she was owed £2 million.

The judge ordered the man to appear before him in his private chambers and told him he faced imprisonment.

However, three judges in the Court of Appeal decided Sir Nicholas was no longer suitable to hear the case after reading a transcript of the encounter.

They declared that the judge was “compromised”.

Mr Mann’s wife, Shelley Mann, 47, accuses her husband of owing her £2m and said she may now be thrown out of her house in Belgravia, central London, with over £50,000 in rent arrears that Mr Mann has not paid.

Mr Mann, 49, said he has run out of money as he is suffering from cancer.

Sir Nicholas’ recusal from the case emerged in a judgement of the Court of Appeal.

In the judgment, Lady Justice Macur said: “The stated perception of H during the first instance proceedings that Mostyn J has ‘made up his mind about ability to pay’ is objectively confirmed by the intemperate judicial dialogues recorded in the transcripts of the proceedings between February and June 2014.

“During that time Mostyn J’s frustration is palpable and clearly arises from his obvious belief that H is deliberately and maliciously avoiding his legal and moral responsibilities to W .”

Additionally, she said that Sir Nicholas’ “previous interventions and expressed hostility towards H will not have helped to manage her expectations in the uncertain world of litigation”.

The judge ordered: “Objectively, I consider that Mostyn J is compromised in continuing to deal with this case and would direct that it should be listed before another judge of the division.”

Mr Mann appeared before Sir Nicholas last June “to show cause why should not be committed to prison… for having refused or neglected to pay the sums due … where he has or has had the means to do so”.

He said he had no money left, was suffering from cancer and lived in social housing.

His lawyer, Raymond Tooth, known to the legal fraternity in London as “Jaws”, said:

“Sir Nicholas had shown general hostility to my client and wouldn’t listen to him, so we applied to recuse him from the case.”

A divorce lawyer said: “He is a good judge and nothing but straight and honest, but on this one he has overplayed his hand.

“Clearly he felt this woman was owed a settlement and he was trying to use an arcane legal manoeuvre to make that happen. But the appeal judges have said that was wrong.”