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 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

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 and 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 and Property Chamber

Graham Harding

PF/18/0233

Ex proprio motu; conflict of interest

9/4/18

Housing and 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 and 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 and 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

14/5/18

Housing and Property Chamber

Ewan Miller

CV/18/0981

Ex proprio motu; Tribunal member's firm acts for on eof the parties

14/5/18

Housing and Property Chamber

Susan napier

PF/18/0240

Ex proprio motu; Tribunal member's worked for the housing association party when the development concerned was built

23/5/18

Housing and Property Chamber

Elizabeth Currie

CV/18/0599

Ex proprio motu; Tribunal member works for the local authority and is responsible for landlord registration

23/5/18

Housing and Property Chamber

Jacqui Taylor

EV/18/1075 and  CV/18/1077

Ex proprio motu; Tribunal member's firm has acted for one of the parties

24/5/18

Housing and Property Chember

Jim Bauld

RP/18/0961

Ex proprio motu; Tribunal member's firm instructed by one the parties

29/5/18

Housing  and Property Chember

Andrew Cowan

CV/18/1130 and EV/18/1127

Ex proprio motu; Tribunal member's firm acts for the applicant

29/5/18

Housing and Property Chamber

Jim Bauld

PF/18/0571

Ex proprio motu; Tribunal member's firm acts for the landlord

4/6/18

Housing and Property Chamber

Jim Bauld

LM/18/1073

Ex proprio motu; Tribunal member's firm acts for factor

5/6/18

Housing and Property Chamber

Rory Cowan

EV/18/1078

Ex proprio motu; Tribunal member previously dealt with one of the parties

12/6/18

Edinburgh Sheriff Court (criminal)

Sheriff Cook

PF v Josh Harkness

Defence motion granted; Sheriff had presided over a trial involving same accused and complainer

11/7/18

Court of Session

Lord Brailsford

Margaret Paterson v SCCR  (P376/17)

Ex proprio motu; Lord Brailsford was one of a three-judge panel who had refused the petitioner leave to appeal the criminal conviction at second sift. The reason for refusing leave was germaine to the challenge raised in the judicial review.

31/7/18

Additional Support Needs Tribunal

Helen Miller

AR/18/0006

Case indirectly involves the school attended by tribunal member's son

27/7/18

Dunoon Sheriff Court (criminal)

Sheriff Thomas Ward

PF v Gavin Murphy

Defence motion refused; Sheriff previously dealt with a children's social work referral in relation to the accused where the complainers were witnesses

2/8/18

Housing and Property Chamber

Andrew Cowan

PR/18/1159

Tribunal member's firm acted for the landlord's agents in separate matters

14/8/18

Housing and Property Chamber

Andrew Cowan

RA/18/1621

Potential conflic of interest

19/9/18

Glasgow Sheriff Court (civil)

Sheriff Fleming

National Westminster Bank Plc v Morag Horsey (GLW-B885-18)

Ex proprio motu; prior professional conflict

19/9/18

Dumbarton Sheriff Court (civil)

Sheriff Hamilton QC

DBN-SG155-18 Amir Smoli v John Currie

Ex proprio motu; Sheriff knows the pursuer 

21/9/18

Housing and Property Chamber

Carolyn Hirst

EV/18/1740

Ex proprio motu; Tribunal member has a conflict of interest, having worked as an independent consultant for one of the parties

28/9/18

Tain Sheriff Court (civil)

Sheriff Dickson

TAI-F43-13

Ex proprio motu; The Sheriff has knowledge of one of the parties in the conext of criminal proceedings

12/10/18

Housing and Property Chamber

Alison Kelly

CV/18/1659 and PR/18/1408

Ex proprio motu; Tribnual member knows the letting agent who is acting for the applicant

*Parties anonymised due to sensitive nature of case

**Of the judge’s own accord