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Previous years have been archived.
2022
| Date | JOH & Court/Chamber | Case Name/Reference | Motion By | Refused /Granted | Reason |
|---|---|---|---|---|---|
| 05/09/2022 | Sheriff Graham Primrose QC - Edinburgh Sheriff Court | EDI-A687-20 | Self Recusal | Granted | <div>The defender is a personal friend. They have known</div><div>each other since university, and maintain contact. </div><div>Accordingly, it would be <font size="-1">inappropriate to hear this case.</font></div><div></div> |
| 30/08/2022 | Alistair Brown General Member - MHTS | MHTS/3/22/07/03140/S1652b | Self Recusal | Granted | The member was this person's MHO about 10 years ago and after speaking with the relevant convener it was felt to be appropriate to refrain from apparent (as opposed to real) bias. |
| 28/07/2022 | Dr Robert McCabe - MHTS | MHTS/2/22/07/03016 | Ex Proprio Motu | Granted | <p>The Tribunal member previously acted as a mentor for the RMO. To avoid perceived bias, the member made the decision to recuse himself.</p> |
| 22/07/2022 | Sheriff Wood - Perth Sheriff Court | HMA V Cresswell Welch | Ex proprio motu | Granted | The Sheriff has a civil case, in which the accused is a party, at avizandum. |
| 09/06/2022 | Duncan Cartwright - MHTS | MHTS/2/22/05/01736/S063 | Member | Granted | Conflict - sensitive. |
| 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 |
| 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 /> |