Scandalous allegation of actual bias did not cause additional cost or delay

Commercial Court – High Court – costs ruling – application to set aside previous orders – alleged decision vitiated by judicial bias – objective bias – actual bias – High Court held that applicant failed to establish any circumstances giving rise to a reasonable apprehension of bias – orders striking out scandalous paragraphs in the grounding affidavit – court should exercise discretion to award costs on a solicitor and client scale – s. 169(1) of the Legal Services Regulation Act 2015 – costs follow the event – must be good reason to award costs on a solicitor and client basis – allegation of actual bias found to be baseless and maintained to embarrass and cause offence – appropriate to mark disapproval at conduct of a party – conduct including abuse of process – making serious allegations without ensuring evidence exists supporting a prima face case in relation to such claims – no explanation for conduct – consequences of the conduct – these allegations were not the sole basis on which the application had been advanced – objective bias – this issue took up most of the hearing and judgment – cannot be said that the allegations of actual bias caused additional cost or delay on the plaintiff - would go too far to exercise discretion to award solicitor and client costs in all the circumstances – order directing defendant to pay the plaintiffs costs and the party costs – such costs to be adjudicated in default of agreement.