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Previous years have been archived.
2021
Date | JOH & Court/Chamber | Case Name/Reference | Motion By | Refused /Granted | Reason |
---|---|---|---|---|---|
15/05/2022 | SHERIFF D J HAMILTON - STIRLING SHERIFF COURT | STI/2021-000643 | SHERIFF D J HAMILTON | Granted | The sheriff is acquainted with one of the police witnesses in this case and the accused's father is also a serving police officer. The sheriff feels this could lead to conflict and so has recused himself from the case. |
11/04/2022 | Alistair Brown - MHTS Tribunal | MHTS/3/22/01/09408/S1012b | Alistair Brown | Granted | The member has previous professional involvement with someone from this case from around 2011/12 |
08/02/2022 | Sheriff Iain Cruickshank - Inverness Sheriff Court | Finalyson & Finlayson v Munro INV-A6-22 | Ex Proprio Motu | Granted | <div>This case called before Sheriff Cruickshanks at a hearing after service to consider the continuation of interim orders.</div><div>There is an ongoing appeal before the SAC at the instance of the defender in this case as the appellant. Sheriff Cruickshanks forwarded a supplementary note to the SAC which may impact on the credibility of an affidavit before the SAC by the appellant.</div><div>Given the above Sheriff Cruickshanks considered it was inappropriate for him to consider interim orders or be further involved in this case given that this case, and the case on appeal have close connections.</div> |
22/01/2022 | Summary Sheriff Matthew Auchincloss - Edinburgh Sheriff Court | EDI-SG455-21 | Claimant John McKechnie | Refused | The claimant made a motion asking the Sheriff to recuse himself on the basis he was acquainted with the Respondent's previous lay representative Mr Gough, who was in attendance in a supporting role. The Sheriff refused the motion on the basis that Mr Gough was not representing the Respondent and there was no conflict of interest. |
07/01/2022 | Lord Woolman - Inner House, Court of Session | P1259/18: William Frederick Ian Beggs v– The Scottish Legal Aid Board and The Scottish Information Commissioner | Agents for the Petitioner | Granted | Lord Woolman dealt with, as an Outer House Judge, a previous iteration of this case where the petitioner challenged SLAB's refusal of legal aid ([2018] CSOH 13). The Petition was refused by Lord Woolman in that case. Lord Woolman is of the view that a bystander might reasonably consider his Lordship has already made up his mind, or at least may be prejudiced in one direction, having already decided a different version of the same issue after a substantive hearing. |
21/12/2021 | Duncan Cartwright - MHTS | MHTS/3/21/12/08063/S050 | Granted | Granted | Conflict - Sensitive |
14/12/2021 | Sheriff Harris - Alloa Sheriff Court | AL20001083 | Ex Proprio Motu | Granted | <table border="0" cellpadding="0" cellspacing="0" width="892"><tbody><tr height="21"><td height="21" width="892">Sheriff previously heard a civil proof involving the same allegations, accused and complainer. Sheriff deemed it inappropriate as they had been privy to information through the civil case that may not be presented to the court during the criminal trial. </td></tr></tbody></table><p> </p> |
26/11/2021 | Sheriff Robert McDonald - Kirkwall Sheriff Court | PF v John Hamilton | Ex Proprio Moto | Granted | <div>The Sheriff heard evidence in a trial on 24/11/2021 where the accused in this case John Hamilton was appearing witness. </div><div> </div><div>Having heard the nature of evidence from the witness, John Hamilton on 24/11/2021, the Sheriff found it necessary to recuse himself in respect of the trial on 25/11/2021 where John Hamilton is the accused.</div> |
18/11/2021 | Duncan Cartwright - MHTS | MHTS/2/21/10/06006/S1012b | Member | Granted | Conflict |
17/11/2021 | Tom Russ - MHTS | MHTS/3/21/11/07008/S063 | Ex Proprio Motu | Granted | <table border="0" cellpadding="0" cellspacing="0" width="852"><tbody><tr height="20"><td height="20" width="852">Potential Conflict of Interest, since the Tribunal Member provides emergency cover to the hospital on the out of hours on call rota </td></tr></tbody></table><p> </p> |
27/10/2021 | Sheriff Andrew Berry - Wick | WCK-A16-20 | Ex Proprio Motu | Granted | Practising solicitor having appeared before the Sheriff - likely to be questioned as a witness during the duration of the proof. |
05/10/2021 | SHERIFF ANDREW BERRY - Wick | WCK-A11-18 | Of member's own accord | Granted | <p>The sheriff has recused himself from dealing with the proof given that there may be questions during said proof regarding credibility of solicitors/former solicitors who are in court every other day. </p> |
19/09/2021 | Sheriff Martin-Brown - Forfar Sheriff Court | FFR-B105-21 Allan Simpson v John Clenaghan | Lay Representative | Refused | The Sheriff was asked to recuse herself because of previous decisions made in respect of: (i) a criminal matter; and (ii) a civil matter. |
19/09/2021 | Sheriff Martin-Brown - Forfar | FFR-B104-21 Katie McKenzie v John Clenaghan | Katie McKenzie | Refused | The Sheriff was asked to recuse herself because of previous decisions made in respect of: (i) a criminal matter; and (ii) a civil matter. |
18/08/2021 | Sheriff Fleetwood - Elgin Sheriff Court | W. Beaton v W. Hendry ELG-A29-19 | Ex Proprio Motu | Granted | The Sheriff has had previous dealings with witnesses of both parties. |
15/07/2021 | Marella O'Neill, Justice of the Peace - Kilmarnock Sheriff Court and Justice of the Peace Court | Ewan Paterson SCS/2020- 061786 | Ex Proprio Motu | Granted | <p>Reporting Officer and main witness were friends to the Justice of the Peace. Case adjourned to another date before any evidence heard, or witnesses sworn in.</p><p> </p> |
20/06/2021 | Lady Stacey - High Court in Glasgow | HMA v Scott Reid - IND 2021-1284 | Of member's own accord | Granted | Lady Stacey wished to recusal herself in these proceedings due to the accused and his family being known to her and living within close proximity of her home address. |
12/04/2021 | Joel Conn - Housing and Property Chamber - Case Management Discussion | FTS/HPC/EV/21/0355 - FTS/HPC/CV/21/0356 | Of Member's own accord | Granted | The Member's private practice represents a company which shares a director and shareholder of Ecosse Estates Ltd. The director was present as an observer at this Case Management Discussion.<br /> |
06/04/2021 | Elaine Munro - Housing and Property Chamber | EV/21/0273 - CV/21/0278 | Of Member's own accord | Granted | Member has a conflict of interest as she has a relationship with a party<br /> |
06/04/2021 | Andrew Cowan - Housing and Property Chamber | CV/21/0492 | Of member's own accord | Granted | Member is unable to take this case as his firm has previously acted for the Applicant's representative.<br /> |