Judicial Recusals

Declinature of jurisdiction, also referred to as recusal, refers to the act of a judicial office holder abstaining from participation in legal proceedings due to a conflict of interest or when his or her impartiality might reasonably be impugned. The table below records those cases in which a senator, temporary judge, sheriff principal, sheriff or summary sheriff grants or refuses a formal motion for recusal in open court.

DATE COURT & TYPE OF ACTION
JUDGE CASE NAME & REF MOTION BY & REASON
30/1/17 Edinburgh Sheriff Court (criminal)

Sheriff

Crowe 

Robert Wylie (EDI 2016 012008) **Ex proprio motu; Sheriff previously presided over criminal matter involving accused, which might reasonably be thought to influence any decision in the present case
13/2/17 Portree Sheriff Court (civil)

Sheriff

Taylor QC

A v B* Ex proprio motu; Sheriff previously dealt with a criminal case involving parties
23/2/17 Inverness Sheriff Court (civil)

Sheriff

Fleetwood

Ashwin Bantwal v Vrishali Shenoy Ex proprio motu; Sheriff presided over a jury trial involving parties
29/3/17 Perth Sheriff Court (civil)

Sheriff

Wade QC

Drysdale Motorcycles v Derek Annand & Edwin McLaren (SE9/15)  Ex proprio motu; Sheriff, in her previous role as advocate depute, was heavily involved in preparing the prosecution of one of the parties in the action
6/4/17 Kilmarnock Sheriff Court (civil)

Sheriff

Foran

Lynsey Henderson v NHS Ayrshire & Arran Health Board (KIL-PD55-14) Pursuer; A witness was a former client of the Sheriff in previous role in private practice
4/5/17 Elgin Sheriff Court (criminal)

Sheriff

Pasportnikov

PF Elgin v Douglas Welsh (ELG2017-000441) Ex proprio motu; Sheriff had previous knowledge of the parties through a Children's Hearing matter
16/5/17 Banff Sheriff Court (criminal) Sheriff Mann PF Banff v Kate Law (x2)           (BAN-2016-172) (BA16000365)
Ex proprio motu; Sheriff personally known to relatives of the accused
12/6/17 Glasgow Sheriff Court (civil)

Sheriff

Platt

Lucy Bruce v Andrew Bruce (GLW-F619-14)  Ex proprio motu; Sheriff personally known to a witness
4/8/17 Forfar Sheriff Court (civil)

Sheriff

Murray

Dundee Joinery Limited v Mike Hall (FFR-SG157-17) Defender; Sheriff had acted on behalf of the Pursuer in a civil action against the prospective Lay Representative as a Defender prior to him being appointed as a Sheriff
14/8/17 Elgin Sheriff Court (civil)

Sheriff

Pasportnikov

Ann Hawksley v Gordonstoun Schools Limited (ELG-A80-16)  Ex proprio motu;Sheriff has previous knowledge of the parties 
23/8/17 Kilmarnock Sheriff Court (civil)

Sheriff

McFarlane

C v D* Ex proprio motu;Sheriff has previous involvment with the parties 
5/9/17 Edinburgh Sheriff Court (Civil)

Sheriff

Tait

E v F* Ex Proprio Motu; The outcome of porevious proceedings invoiving one of the parties might reasonably be thought to influence any decision in the present case
10/10/17 Alloa Sheiff Court (Children's Hearing)

Sheriff

Mackie

G v H* Ex Proprio Motu; Appeal arises as direct consequence of Sheriff's decision.

*Parties anonymised due to sensitive nature of case

**Of the judge’s own accord