Courts will not order mediation where the appeal concerns a question of jurisdiction, because parties cannot by consent confer jurisdiction on a tribunal and the court must independently determine the jurisdictional question regardless of any agreement reached. Routine prior case management involvement in unrelated proceedings does not give rise to a reasonable apprehension of bias.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.