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

NAME OF JUDGE (AND COURT/TRIBUNAL) 

CASE NAME (AND/OR REF)

MOTION BY & REASON 

8/1/18

Sheriff Montgomery  (Ayr Sheriff Court)

James McColm v Meiqin McColm (F138/16)

**Ex proprio motu; 

Knowledge of pursuer's family background

19/1/18

Sheriff Fleetwood (Inverness Sheriff Court)

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

Lord Justice Clerk (Court of Session)

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

Petitioner's motion refused; no valid objection stated

6/2/18

Moira Clark (Mental Health Tribunal for Scotland)

8212/SO63*

Ex proprio motu;Personal conflict of interest

12/2/18

Sheriff A Brown (Dundee Sheriff Court)

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

Ex proprio motu;Witness known to

Sheriff

23/2/18

Dr Ross Hamilton  (Mental Health Tribunal for Scotland)

8709/S063*

Ex proprio

motu; Patient known to the Medical

Member, having treated a

relative

27/2/18

Graham Harding (Housing and Property Chamber)

RP/18/0148

Ex proprio

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

6/3/18

Dr Ross Hamilton (Mental Health Tribunal for Scotland)

7987/S1012b*

Ex proprio

motu;

Previously provided second opinion on same patient

15/2/18

Linda Reid (Housing and Property Chamber)

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

Nicola Weir (Housing and Property Chamber)

RP/18/0150

Ex proprio

motu; One of

the parties is

the tribunal member's

family solicitor

28/2/18

Ian Campbell Matson   (Mental Health Tribunal for Scotland)

N/A

Ex proprio motu; Work as locum at same hospital

7/3/18

Andrew Upton (Housing and Property Chamber)

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

Dr James Deans (Mental Health Tribunal for Scotland)

9142/S095*

Ex proprio motu; 

Previously treated patient on compulsory basis

21/3/18

Sheriff Principal Lewis   (Sheriff Appeal Court)

Gabriel Politakis v RBS & Others

Ex proprio motu; 

Previously presided in appeal involving appellant

23/3/18

Sheriff A Anwar (Glasgow Sheriff Court)

GLW-F417-13

Ex proprio

motu; Sheriff personally

known to a witness

3/4/18

Graham Harding (Housing and Property Chamber)

PF/18/0233

Ex proprio

motu; conflict

of interest

9/4/18

Mark Andrew (Housing and Property Chamber)

RP/18/0162

Ex proprio

motu; Tribunal member known to tenants involved in the case

9/4/18

Sheriff Fleetwood (Inverness Sheriff Court)

PF v Jade Brown (INV 2017-1048)

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

17/4/18

Gillian Buchanan (Housing and Property Chamber)

RP/16/0210

Ex proprio

motu; Respondent has connection to member's firm

2/4/18

Lady Paton (Court of Session)

XA88/16

Motion by party litigant refused; no good reason for recusal

TBC

Patricia Ann Pryce (Housing and Property Chamber)

RP/16/0210

Ex proprio

motu; Conflict

25/4/18

Gillian Buchanan (Housing and Property Chamber)

RP/18/0602

Ex proprio

motu;

Previously

acted for landlord

27/4/18

Graham Harding (Housing and Property Chamber)

RT/18/0586

Ex proprio

motu; One of

the parties a client of the firm the applicant

works for

27/4/18

Gillian Buchanan (Housing and Property Chamber)

RT/18/0586

Ex proprio

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

3/4/18

Sheriff Caldwell (Falkirk Sheriff Court)

SCS/2018-035424

Sheriff heard evidence in a trial with same accused and witnesses 

11/5/18

David Preston (Housing and Property Chamber)

PF/17/0315

Ex proprio

motu; factor known to applicant

11/5/18

Sheriff Fleetwood (Inverness Sheriff Court)

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

Ewan Miller (Housing and Property) Chamber

CV/18/0981

Ex proprio

motu; Tribunal member's firm acts for one of the parties

14/5/18

Susan Napier (Housing and Property Chamber)

PF/18/0240

Ex proprio

motu; Tribunal member's worked for the housing association

party when the development concerned was built

23/5/18

Elizabeth Currie (Housing and Property Chamber)

CV/18/0599

Ex proprio

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

23/5/18

Jacqui Taylor (Housing and Property Chamber)

EV/18/1075 and  CV/18/1077

Ex proprio

motu; Tribunal member's firm has acted for

one of the parties

24/5/18

Jim Bauld (Housing and Property Chamber)

RP/18/0961

Ex proprio

motu; Tribunal member's firm instructed by

one the parties

29/5/18

Andrew Cowan (Housing and Property Chamber)

CV/18/1130 and EV/18/1127

Ex proprio

motu; Tribunal member's firm acts for the applicant

29/5/18

Jim Bauld (Housing and Property Chamber)

PF/18/0571

Ex proprio

motu; Tribunal member's firm acts for the landlord

4/6/18

Jim Bauld

(Housing and Property Chamber)

LM/18/1073

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

5/6/18

Rory Cowan

(Housing and Property Chamber)

EV/18/1078

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

12/6/18

Sheriff Cook

(Edinburgh Sheriff Court)

PF v Josh Harkness

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

11/7/18

Lord Brailsford

(Court of Session)

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

Helen Miller

(Additional Support Needs Tribunal)

AR/18/0006

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

27/7/18

Sheriff Ward

(Dunoon Sheriff Court) 

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

Andrew Cowan

(Housing and Property Chamber)

PR/18/1159

Tribunal member's firm acted for the landlord's

agents in separate

matters

14/8/18

Andrew Cowan

(Housing and Property Chamber)

RA/18/1621

Potential

conflict of interest

19/9/18

Sheriff Fleming

(Glasgow Sheriff Court)

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

Ex proprio

motu; prior professional conflict

19/9/18

Sheriff Hamilton QC   (Dumbarton Sheriff Court)

DBN-SG155-18 Amir Smoli v John Currie

Ex proprio motu; Sheriff knows the pursuer 

21/9/18

Carolyn Hirst (Housing and Property Chamber)

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

Sheriff Dickson  (Tain Sheriff Court)

TAI-F43-13

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

12/10/18

Alison Kelly

(Housing and Property Chamber)

CV/18/1659 and PR/18/1408

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

13/12/18

Temporary Judge Norman Ritchie QC   (Glasgow High Court)

HMA v Craig Tonnar (IND 2018/1312

Ex proprio motu; Material placed before the court may reasonably have impugned the judge's decision on sentence.

13/12/18

Sheriff Berry

(Wick Sheriff Court)

PF v William Fernie

Ex proprio motu; Accused is well known to the Sheriff

30/1/19

Suzanne Sinclair (Mental Health Tribunal for Scotland)

08500/S063 

Ex proprio motu; Psychiatrist who completed a medical report for a CTO application is the Tribunal member's Doctor.

4/2/19

Suzanne Sinclair

(Mental Health Tribunal for Scotland)

08622/S050

Ex proprio motu; Appeal against a Short Term Detention Order made by a Doctor who was formerly the Tribunal member's Doctor 

6/2/19

Lady Wise

(Court of Session)

AD10/18

Ex proprio motu; The Lord Ordinary having heard Counsel at diet of proof that there was no opposition to the granting of the Petition and the natural parents were consenting, indicated that she was satisfied on the merits of the Petition. Subsequently however, the natural parents withdrew said consent and the matter required to proceed to proof. The Lord Ordinary indicated that as she had stated her view on the merits of the case she was not now in a position to hear the case.

8/2/19

Lord Bannatyne

(Court of Session)

Agilisys Ltd v CGI IT UK Ltd (CA 55/17)

Defender's motion granted; The Lord Ordinary, having made findings in respect of the credibility and reliability of some of the defender's witnesses in the first proof, and being mindful of a real possibility of the perception of bias arising therefrom, recused himself from hearing the second proof, at which some of the same witnesses would again give evidence.

18/2/19

Sheriff Summers  (Aberdeen Sheriff Court)

Blair Nimmo v Richard Dennis (SQ60-18)

Ex proprio motu; Sheriff knows parties involved in the case

27/2/19

Sheriff Anwar

(Glasgow Sheriff Court)

David Grier v Chief Constable, Police Scotland

Pursuer's motion granted; The sheriff, having previously intimated to parties that recusal may be necessary, declined jurisdiction, given that another sheriff at Glasgow was listed among the potential witnesses. 

5/3/19

Rory Cowan

(Housing and Property Chamber)

EV/18/3486 and CV/18/3487

Ex proprio motu; case involves a former client of the Tribunal member.

7/3/19

Suzanne Sinclair

(Mental Health Tribunal for Scotland)

09471/S063 

Ex proprio motu; Doctor who completed a medical report for a CTO application is the Tribunal member's Doctor.

12/3/19

Simone Sweeney (Housing and Property Chamber)

PF/18/2240

Ex proprio motu; Tribunal member is an employee of one of the parties

19/3/19

Jim Bauld

(Housing and Property Chamber)

RP/19/0110

Ex proprio motu; Tribunal member is an employee of the fim which acts for the letting agent party 

20/3/19

Helen Forbes 

(Housing and Property Chamber)

CV/19/0143

Ex proprio motu; Legal Member acts for the appplicant's representative

25/3/2019

Lord Burns 

(Livingston High Court)

HMA v John Dye (IND/2018-3489)

Ex proprio motu; Judge had previously represented the accused at an appeal against conviction hearing in 2008.

27/3/19

Patricia Anne Pryce (Housing and Property Chamber)

FTS/HPC/CV /19/0249

Member has conflict with party

2/4/19

Sheriff Thomas Ward Dunoon Sheriff Court 

John & Joanne Ingham v Damien & Sheila Brolly 

Sheriff Ward has heard evidence in a previous case in relation to the same parties, involving the same or similar issues.

4/4/19

Rory Cowan

(Housing and Property Chamber)

RP/19/0381

Ex proprio motu; Tribunal member is employed by the Respondent representative

25/4/19

Andrew Cowan 

(Housing and Property Chamber)

CV/19/0602

Ex proprio motu; Legal member has previously acted for the applicant 

29/4/19

Sheriff Fleetwood (Inverness Sheriff Court)

Caroline Brown  v Strathearn Stabling SG2/19

Ex proprio motu; A person known to the sheriff has a financial interest in the outcome of the case

3/5/19

Rory Cowan

(Housing and Property Chamber)

EV/19/0781

Ex proprio motu; Tribunal member has had previous dealings with housing association party

5/6/19

Sheriff Fleetwood (Inverness Sheriff Court)

INV-F77/19

Defender's motion refused; no reason advanced other than prior involvement with one of the party's in separate proceedings in 2017

10/5/19

Shirley Evans

(Housing and Property Chamber)

CV/19/0556

Ex proprio motu; Tribunal member has had previous dealings with one of the parties

13/5/19

Steven Quither

(Housing and Property Chamber)

CV/19/0893

Ex proprio motu; One of the parties is a former client of the tribunal member

17/6/19

Sheriff Smith

(Perth Sheriff Court)

PER-F172/16

Pursuer's motion refused; the sheriff, having heard the proof, was required to deal with the motion for expenses to be modified.

3/7/19

Suzanne Sinclair

(Mental Health Tribunal for Scotland)

02552/SO60

Ex propio motu; GP who completed medical report is known to the Tribunal member

16/7/19

Lady Wolffe (Court of Session)

Reactec Ltd v Curotec Ltd (A140/18

Ex proprio motu; Lady Wolffe holds a position as a director of the University of Edinburgh, which is a minority shareholder of a party to the action (the pursuer)

2/8/19

Sheriff McCrory

(Glasgow Sheriff Court)

HMA v Stephen McPhelim

(GLW 2019-000704)

Ex proprio motu; Witness personally known to the Sheriff

5/8/19

Ewan Miller

(Housing and Property Chamber)

EV/19/0928

Ex proprio motu; Member is a partner in the solicitors' firm which is representing the applicant

5/8/19

Sheriff MacDonald  (Inverness Sheriff Court)

R Munro v W Rose 

INV-A18-18

The Sheriff has previously been involved in previous cases involving the same parties and made decions on credibility and reliability. 

5/12/19

Andrew Cowan

(Housing and Property Chamber)

FTS/HPC/

RS/

19/1647

The Tribunal member is an employee of

the firm providing legal services to the respondents

12/8/19

Jim Bauld 

(Housing and Property Chamber)

FTS/HPC/

RS/

19/1647

Tribunal member is an employee of the fim which acts for  group which

includes the respondent

03/09/19

Helen Barclay

(Property Factor Hearing)

FTS/HPC/

PF/

19/1362

Motion granted - Legal Member has conflict with respondent

18/9/19

Joan Devine

(Housing and Property Chamber)

PF/19/2307

Ex propio motu; Legal Member's

firm represents

the property

factor party

04/10/19

Joan Devine

(Housing and Property

Chamber)

FTS/HPC/

PF/

19/1400

Of Judicial Holders own accord - representative previously involved

with member's partners

04/10/19

Patricia Anne Pryce

(Housing and Property Chamber)

FTS/HPC/

PF/

19/1400

Motion granted - possible conflict of interest
04/10/19

Nicola Irvine

(Housing and Property Chamber)

FTS/HPV/

LA/

19/2911

Motion granted - firm has previously acted for the responded
24/10/19

Jim Bauld

(Housing and Property Chamber)

FTS/HPC/

RR/

19/2596

Motion granted-

The Respondent is a client of the Legal Member

12/11/19

Gillian Buchanan

(Housing and Property Chamber)

FTS/HPC/

EV/

19/2566

Motion granted -

The applicant's rep has a connection

with firm

15/10/19

Elaine Munroe

(Housing and Property Chamber)

CV/19/1132

Motion granted -

Met tenant

previously in other legal matter

15/10/19

Elaine Munroe

(Housing and Property Chamber)

FTS/HPC/

PF/

19/2260

Motion granted-

conflict of interest

18/10/19

Alastair Houston

(Housing and Property Chamber)

FTS/HPC/

CV/

19/2229

Motion granted - potential conflicts within Glasgow

local authority area

18/10/19

Alastair Houston

(Housing and Property Chamber)

FTS/HPC/

CV/

19/2366

Motion granted - potential conflicts within Glasgow

local authority area

18/10/19

Alastair Houston

(Housing and Property Chamber)

FTS/HPC/

CV/

192377

Motion granted - potential conflicts within Glasgow

local authority area

20/11/19

Gillian Buchanan

(Housing and Property Chamber)

FTS/HPC/

CV/

19/1390

Motion granted - applicant has a connection with Member's firm
25/10/11

Karen Kirk

(Housing and Property Chamber)

PR/19/0888

Of Judicial Holder's

own accord -

conflict with

Glasgow City Chambers

25/10/19

Jim Bauld

(Housing and Property Chamber)

RP/19/2974

Of Judicial Holder's

own accord - firm acts for the

landlord's agent

25/10/19

John McHugh

(Housing and Property Chamber)

PF/19/2326

Of the Judicial

Holder's own

accord - firm acts for the respondent

20/11/19

Gillian Buchanan

(Housing and Property Chamber)

FTS/HPC/

CV/

19/1390

Of the Judicial

Holder's own

accord - firm have

a connection with

the applicant

21/11/19

Joan Devine

(Housing and Property Chamber)

FTS/HPC/

RP/

19/2899

Of the Judicial

Holder's own accord - firms have a relationship

14/10/19

Graham Harding

(Housing and Property Chamber)

FTS/HPC/

CV/

19/2190

Of the Judicial

Holder's own

accord - a former partner of firm involved

24/10/19

Sheriff Jillian Martin - Brown

(Dundee Sheriff Court)

PF Dundee v Carolann

Curran and Katie McKenzie

Motion by accused - granted - a

different sheriff imposed order

being revoked 

31/10/19

Lord Ericht

(Court of Session)

CA105/19 Promontoria (Chestnut) Limited v The Firm of

Ballantyne Property Services

Of the Judicial holder's own accord - knows the defenders personally
10/12/19

Andrew Cowan

(Housing and Property Chamber)

FTS/HPC/EV/

19/

3133

Members firm acts for applicants representative in that case
10/12/19

Gillian Buchanan

(Housing and Property Chamber)

FTS/HPC/EV/19/

3133

Members firm acts for Hillcrest
04/11/19

Sheriff Mohan

(Dumfries Sheriff Court)

DUM-SD162-18 Defender's motion - because sheriff had heard evidence from defender in a separate case relating to his connection with the site and decided issues of credibility.
18/12/19

Jim Bauld

(Housing and Property Chamber)

FTS/HPC/

RR/

18/3169

Member advised that the Landlord is one of his clients
20/12/19

Andrew Cowan

(Housing and Property Chamber)

FTS/HPC/

RR/

19/3318

Member's firm has recently acted for the Applicant in another matter

06/11/19

John McHugh

(Housing and Property Chamber)

LA/19/3252 Of Judicial Holder's own accord - the applicant and his son are family friends of the member
06/11/19

Gillian Buchanan

(Housing and Property Chamber)

EV/19/3292 Of Member's own accord - a party in the proceedings is known to the Chamber member
10/12/19

Gillian Buchanan

(Housing and Property Chamber)

FTS/HPC/

EV/

19/3133

Of Member's own accord - members firm acts for party
14/11/19

Sheriff Liam Murphy

(Lanark Sheriff Court)

LAN-2018-

000177

LN18000345

Of Judicial Holder's own accord - sheriff previously involved with case in a former role
11/11/19

Gordon Lockerbie

(Mental Health Chamber)

MHTS/

2/19/11/

06289/S063

Of Member's own accord - previously worked in the care team looking after the subject of the case


**Of the judge’s own accord