JUDICIAL RECUSALS

 

The role of a judge is to interpret and apply the law without bias or prejudice. Judges have a duty to sit on the cases allocated to them based primarily on their availability, and must deal with them efficiently avoiding unnecessary delay.

Declinature of jurisdiction, or recusal, refers to the act of a judicial office holder abstaining from taking part in legal proceedings due to a conflict of interest; or in cases where their impartiality might reasonably be questioned. Judges can decline to sit; or parties to a case can object to the judge’s involvement by making a motion for declinature. This might involve financial interest or a close family relationship. 

More minor conflicts may be declared before the court. The parties to the case can then either object to the judge’s involvement or proceed based on agreement that the interest is suitably insignificant.

Cases where senators, temporary judges, sheriffs principal, sheriffs, summary sheriffs, justices of the peace, or a member of a Scottish tribunal, grant or refuse a formal motion for recusal, or recuse themselves of their own accord, in open court, are recorded for the current year in the table below.

Previous years have been archived.

 

2025

 

Date JOH & Court/Chamber Case Name/Reference Motion By Refused /Granted Reason
12/05/2025 Dr Derek E Palmer - Mental Health Tribunal for Scotland MHTS/4/25/05/01060/S063 Tribunal Member Granted Previous involvement in care of patient.
11/05/2025 Sheriff Susan Duff - Dunfermline Sheriff Court PF Dunfermline v Elizabeth Richardson Miss Brown, Solicitor for the accused Refused <div></div><p>Elizabeth Richardson appeared for trial on 12 May 2025. Her solicitor, Miss Brown, invited the Sheriff to recuse herself on the basis that the Sheriff had been involved in providing a statement given to the police against Ms Richardson following an incident with another Sheriff. The statement related to that and that was the extent of Sheriff Duff's involvement.</p><p>Miss Brown also argued that the Sheriff should recuse herself because she had found against Miss Richardson in a civil case.&nbsp;The Sheriff refused to recuse herself.&nbsp;</p>
29/04/2025 Sheriff Gregor Murray - Dundee Sheriff Court DUN-F358-18 Sheriff Gregor Murray Granted Sheriff Murray has recused himself for any further dealings in this matter. The case has been ongoing since 2018 and the Sheriff now feels that any further order he pronounces may not be wholly impartial due to information previously disclosed in this case and his previous matters.
27/04/2025 Sheriff Neil Wilson - Inverness Sheriff Court PF v Robbie Gordon Munro Accused Granted The judicial office holder previously legally represented the complainer in the case when a criminal solicitor.
09/04/2025 Sheriff Susan Duff - Dunfermline Sheriff Court PF Dunfermline v John Trainer Peter Robertson, Solicitor for the accused Refused Motion to recuse was made in the middle of a part heard trial. Sheriff refused.
03/04/2025 Sheriff Paul Ralph - Dundee Sheriff Court DN22001170 Ex Proprio Motu Granted The Sheriff had previously represented the accused as a defence solicitor prior to judicial appointment.
19/02/2025 Summary Sheriff Francis Gill - Edinburgh Sheriff Court EDI-SG1283-24 - John Wilson + others v Elizabeth Robertson Claimant Granted On the day of the evidential hearing, the Court was advised by counsel for the claimant that Sheriff Gill previously worked with and managed the first claimant, Mr John Wilson.
12/02/2025 Sheriff Christine McCrossan - Aberdeen Sheriff Court Prosafe Offshore Ltd. v. Ronald/Alison Young Ex proprio motu Granted The Sheriff knows both of the Sequestrated parties in a non-professional context during her daily personal businesses and activities in her local area although otherwise has no contact with them.
06/02/2025 Lord Armstrong - Court of Session P814/24: Petition of Patrick Henry McAuley Petitioner viz. Patrick McAuley Refused The petitioner moved for the recusal of Lord Armstrong following a single bill hearing in a related case (XA55/24: Patrick McAuley -v- The Scottish Legal Complaints Commission, application for leave to appeal) on the basis of "evidence of bigotry &amp; racism". Lord Armstrong refused the motion to recuse himself; no such evidence has been placed before the court.&nbsp;
05/02/2025 Sheriff George Jamieson - Kilmarnock Sheriff Court KIL-F399-23 Sheriff Granted The Sheriff expressed the view this application should be dismissed but the pursuer wishes to continue with it. A different sheriff should now hear the case.&nbsp;
08/01/2025 Mr Kevin Drugan - Social Security Chamber FTS/SSC/AE/24/01827 Tribunal member Granted Mr Drugan is a trustee of a Foundation that the Appellant in the case is employed by.
04/01/2025 Jane Patrick - Mental Health Tribunal Scotland MHTS/3/25/02/11082/S1012B Tribunal Member Granted Jane Patrick declined to act as convener of a tribunal in respect of Andrew Gunn.&nbsp; &nbsp;He was a participant as a person affected in the Penrose Inquiry, in which Jane Patrick was junior counsel for the Inquiry.

 

 

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