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. With effect from 1 February 2018 the register was extended to include members of the Scottish Tribunals.  

DATE

COURT & TYPE OF ACTION

JUDGE

CASE NAME AND/OR REF

MOTION BY & REASON

8/1/18

Ayr Sheriff Court

Sheriff John Montgomery

James McColm v Meiqin McColm (F138/16)

**Ex proprio motu; Knowledge of pursuer's family background

19/1/18

Inverness Sheriff Court (civil)

Sheriff Fleetwood

Ashwin Bantwal v Vrishali Shenoy (INV-SM18-17)

Ex proprio motu; Sheriff previously recused himself in another case involving the parties, having earlier presided over a jury trial involving parties

1/2/18

Court of Session Inner House

Lord Justice Clerk

Petition to the Nobile Officium by Derek Cooney (P115/17)

Petitioner's motion refused; no valid objection stated

6/2/18

Mental Health Tribunal for Scotland

Moira Clark

8212/SO63*

Ex proprio motu;Personal conflict of interest

12/2/18

Dundee Sheriff Court

Sheriff A Brown

HMA v M Islam & S Smekramuddin (DUN2017-4074)

Ex proprio motu;Witness known to Sheriff

23/2/18

Mental Health Tribunal for Scotland

Dr Ross Hamilton

8709/S063*

Ex proprio motu; Patient known to the Medical Member, having treated a relative

27/2/18

Housing and Property Chamber

Graham Harding

RP/18/0148

Ex proprio motu; Party is a client of the tribunal member's firm

6/3/18

Mental Health Tribunal for Scotland

Dr Ross Hamilton 

7987/S1012b*

Ex proprio motu; Previously provided second opinion on same patient

15/2/18

Housing and Property Chamber

Linda Reid

EV/17/0480

Ex proprio motu; Potential conflict of interest as the tribunal member has a professional relationship with certain partners and associates of the agents for one of the parties

20/2/18

Housing and Property Chamber

Nicola Weir

RP/18/0150

Ex proprio motu; One of the parties is the tribunal member's family solicitor

28/2/18

Mental Health Tribunal for Scotland

Ian Campbell Matson

N/A

Ex proprio motu; Work as locum at same hospital

7/3/18

Housing and Property Chamber

Andrew Upton

EV/18/0250* and CV/18/0251*

Ex proprio motu; The tribunal member's firm acts for the parent company of one of the parties

13/3/18

Mental Health Tribunal for Scotland

Dr James Deans

9142/S095*

Ex proprio motu; Previously treated patient on compulsory basis

21/3/18

Sheriff Appeal Court

Sheriff Principal Lewis

Gabriel Politakis v RBS & Others

Ex proprio motu; Previously presided in appeal involving appellant

23/3/18

Glasgow Sheriff Court

Sheriff A Anwar

GLW-F417-13

Ex proprio motu; Sheriff personally known to a witness

3/4/18

Housing & Property Chamber

Graham Harding

PF/18/0233

Ex proprio motu; conflict of interest

9/4/18

Housing & Property Chamber

Mark Andrew

RP/18/0162

Ex proprio motu; Tribunal member known to tenants involved in the case

9/4/18

Inverness Sheriff Court

Sheriff Fleetwood

PF

v

Jade Brown

(INV 2017-1048)

Joint motion granted; Sheriff was a longstanding agent of a key witness

17/4/18

Housing & Property Chamber

Gillian Buchanan

RP/16/0210

Ex proprio motu; Respondent has conmnection to member's firm

2/4/18

Court of Session

Lady Paton

XA88/16

Motion by party litigant refused; no good reason for recusal

TBC

Housing and Property Chamber

Patricia Ann Pryce

RP/16/0210

Ex proprio motu; Conflict

25/4/18

Housing and Property Chamber

Gilliasn Buchanan

RP/18/0602

Ex proprio motu; Previously acted for landlord

27/4/18

Housing and Property Chamber

Graham Harding

RT/18/0586

Ex proprio motu; One of the parties a client

of the firm the applicant works for

27/4/18

Housing and Property Chamber

Gillian Buchanan

RT/18/0586

Ex proprio motu; Respondent known to applicant as client of Member's firm

3/4/18

Falkirk Sheriff Court

Sheriff Caldwell

SCS/2018-035424

Sheriff heard evidence in a trial with same accused and witnesses 

11/5/18 Housing & Property Chamber David Preston PF/17/0315 Ex proprio motu; factor known to applicant
11/5/18 Inverness Sheriff Court (civil)

Sheriff

Fleetwood

A v B Respondent's motion granted; The sheriff, having previously made a Permancence Order in respect of the child, declined jurisdiction to hear the adoption proof
24/5/18 Housing & Property Chember Jim Bauld RP/18/0961 Ex proprio motu; Tribunal member's firm instructed by one the parties

*Parties anonymised due to sensitive nature of case

**Of the judge’s own accord

Justices of the Supreme Court

Wednesday, 27 July, 2011
News

A selection commission has been established to select candidates to be recommended for appointment as Justices of the Supreme Court.

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Judicial Appointments Board for Scotland

Friday, 1 July, 2011
News

The Office of Sheriff

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New Appointments

Thursday, 30 June, 2011
News

The Lord President has made the following appointments to the Judicial Appointments Board for Scotland.

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Lord Rodger of Earlsferry

Monday, 27 June, 2011
News

Statement issued by The Right Hon Lord Hamilton, Lord President and Lord Justice General of Scotland

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Article in The Sunday Times

Monday, 13 June, 2011
News

Statement issued by the Judicial Office for Scotland on behalf of the Lord President and Lord Justice General.

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