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Previous years have been archived.
2024
Date | JOH & Court/Chamber | Case Name/Reference | Motion By | Refused /Granted | Reason |
---|---|---|---|---|---|
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 & racism". Lord Armstrong refused the motion to recuse himself; no such evidence has been placed before the court. |
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. |
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. He was a participant as a person affected in the Penrose Inquiry, in which Jane Patrick was junior counsel for the Inquiry. |
03/01/2024 | Sheriff V Lunny - Glasgow Sheriff Court | GLW-F1148-21 | Ex proprio motu | Granted | The Sheriff's son and the daughter of the parties attend the same Primary School. |