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Previous years have been archived.

 

2025

 

Date JOH & Court/Chamber Case Name/Reference Motion By Refused /Granted Reason
07/08/2026 Sheriff N Wilson - Wick Sheriff Court WCK-A33-22 Ex-proprio motu Granted The Pursuer was the subject of earlier contested civil proceedings in which a public authority successfully sought a protective order. Those proceedings were determined by the sheriff, who issued a detailed written judgment containing findings of fact concerning the Pursuer’s conduct. The Minute to Vary avers, inter alia, that the Defenders have acted in a defamatory manner by repeating matters found established in those earlier proceedings to the applicable civil standard of proof. If the Pursuer maintains that the repetition of findings contained within the sheriff’s earlier judgment constitutes defamatory conduct, the court would be required to determine issues directly connected to findings previously made by the presiding sheriff. In these circumstances, it is submitted that the interests of justice and the appearance of impartiality favour the sheriff’s recusal from further involvement in the present proceedings
23/07/2026 Lady Carmichael and Lord Mulholland - Court of Session, Parliament House, Edinburgh COS-XA27-26 Applicant (party litigant) Refused The fair-minded and informed observer, having considered the facts, would not conclude that there is a real possibility that either Lady Carmichael or Lord Mulholland is biased in relation to this application for permission to appeal.
20/07/2026 Suzanne Sinclair - MHTS MHTS/2/26/05/02321/S1012b Suzanne Sinclair Granted The member has a connection to one of the doctors providing evidence to the Tribunal
17/05/2026 Sandra Duke - MHTS MHTS/2/26/05/01483/S063 Sandra Duke Granted Member has had significant clinical contact with a patient with the same name and age as the patient's daughter as an inpatient RMO. The patient was from this health board area.
14/04/2026 Eric Baijal - MHTS 00204/s1001 Recusal by Tribunal Member independent of motion Granted Adult known to close relation of Tribunal Member
05/03/2026 Sheriff I Wallace - Aberdeen Sheriff Court ABE-A224-25 Sheriff Granted Defender is known to the Sheriff
04/03/2026 Thomas E Shaw - MHTS MHTS/2/26/02/11844/SO63 Convenor Granted Convenor established before the hearing commenced that he had apparently either acted for the Named Person or the Patient in 2014.
02/03/2026 Sheriff McElroy - Dumbarton Sheriff Court Beltrami & Company Limited v Dr Karen Wilson ex proprio motu Granted Sheriff previously been instructed by the pursuer as counsel.
26/02/2026 Sheriff Findlater - Aberdeen Sheriff Court ABE-SQ45-25 EPM Granted Defender is known to the Sheriff, as he was a practicing solicitor
26/02/2026 Sheriff C Findlater - Aberdeen Sheriff Court ABE-SQ44-25 EPM Granted Defender is known to the Sheriff, as he was a practicing solicitor
19/02/2026 Sheriff Alison McKay - Perth Sheriff Court Kieran Phillips Sheriff Granted Following the calling of the case the agent for Mr Phillips noted that the accused was previously a direct client of Sheriff McKay's. Sheriff McKay confirmed this was the case and that she would be unable to conduct the trial.
18/02/2026 Sheriff William Wood - Perth Sheriff Court PER-A101-24 EPM Granted The Sheriff previously presided over a civil case with the defender which they feel precludes them from sitting on further cases involving the defender
18/02/2026 Sheriff Alison McKay - Perth Sheriff Court PER-F161-24 EPM Granted Sheriff advised Clerk prior to calling of the case that she could not deal with the case, as she represented the defender over a number of years when in private practice in Perth.
18/02/2026 Sheriff Alison McKay - Perth Sheriff Court PER-F179-24 EPM Granted Sheriff advised Clerk prior to calling of the case that she could not deal with the case, as she represented the defender over a number of years when in private practice in Perth.
18/02/2026 Sheriff Alison McKay - Perth Sheriff Court SCS/2024-096603 EPM Granted <p>The accused has been previously represented by the Sheriff’s former firm prior to judicial appointment.</p>
17/02/2026 Sheriff McCartney - Dumbarton Sheriff Court F226/22 Sheriff & Parties Granted Two minutes arise after Sheriff made final order after proof; the credibility and reliability of the parties commented upon in proof; similar allegations arise in each minute
16/02/2026 Dr Ross Hamilton - MHTS MHTS/2/26/02/11312/S063 Self Recusal by Tribunal Member Granted Patient very well known to Tribunal Member from clinical work pre-retirement
09/02/2026 Sheriff G K Murray - Dundee Sheriff Court Carolann Curran v Lynsey Thompson Pursuer Refused No basis for recusal at this stage in proceedings
20/01/2026 Sheriff Elizabeth McFarlane - Perth Sheriff Court Chas Stewart Plumbing & Heating Engineers Ltd v David Keen Sheriff Granted Recusal was granted because the respondent’s representative raised a concern about potential bias, and to avoid delays in the progress of the case, the sheriff recused herself.
06/01/2026 Summary Sheriff Wark - Aberdeen Sheriff Court ABE-B162-25 Party Refused <div>Recusal refused as the sheriff, nor any other party, did not believe there were any valid reason for recusal.</div>

 

 

Archive