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Previous years have been archived.

 

2024

 

Date JOH & Court/Chamber Case Name/Reference Motion By Refused /Granted Reason
09/04/2025 Sheriff Susan Duff - Dunfermline Sheriff Court PF Dunfermline v John Trainer Peter Robertson, Solicitor for the accused Refused Motion to recuse was made in the middle of a part heard trial. Sheriff refused.
03/04/2025 Sheriff Paul Ralph - Dundee Sheriff Court DN22001170 Ex Proprio Motu Granted The Sheriff had previously represented the accused as a defence solicitor prior to judicial appointment.
19/02/2025 Summary Sheriff Francis Gill - Edinburgh Sheriff Court EDI-SG1283-24 - John Wilson + others v Elizabeth Robertson Claimant Granted On the day of the evidential hearing, the Court was advised by counsel for the claimant that Sheriff Gill previously worked with and managed the first claimant, Mr John Wilson.
12/02/2025 Sheriff Christine McCrossan - Aberdeen Sheriff Court Prosafe Offshore Ltd. v. Ronald/Alison Young Ex proprio motu Granted The Sheriff knows both of the Sequestrated parties in a non-professional context during her daily personal businesses and activities in her local area although otherwise has no contact with them.
06/02/2025 Lord Armstrong - Court of Session P814/24: Petition of Patrick Henry McAuley Petitioner viz. Patrick McAuley Refused The petitioner moved for the recusal of Lord Armstrong following a single bill hearing in a related case (XA55/24: Patrick McAuley -v- The Scottish Legal Complaints Commission, application for leave to appeal) on the basis of "evidence of bigotry & racism". Lord Armstrong refused the motion to recuse himself; no such evidence has been placed before the court. 
05/02/2025 Sheriff George Jamieson - Kilmarnock Sheriff Court KIL-F399-23 Sheriff Granted The Sheriff expressed the view this application should be dismissed but the pursuer wishes to continue with it. A different sheriff should now hear the case. 
08/01/2025 Mr Kevin Drugan - Social Security Chamber FTS/SSC/AE/24/01827 Tribunal member Granted Mr Drugan is a trustee of a Foundation that the Appellant in the case is employed by.
04/01/2025 Jane Patrick - Mental Health Tribunal Scotland MHTS/3/25/02/11082/S1012B Tribunal Member Granted Jane Patrick declined to act as convener of a tribunal in respect of Andrew Gunn.   He was a participant as a person affected in the Penrose Inquiry, in which Jane Patrick was junior counsel for the Inquiry.
30/12/2024 Sheriff George Jamieson - Kilmarnock Sheriff Court KIL-F267-23 Defenders Counsel Granted Sheriff Jamieson was involved in managing contempt of court proceedings in this case and accepts counsel's opinion that he should decline to hear the proof as he was involved in making earlier decisions about the contempt proceedings as this may be seen to breach the defender's right to trial by an impartial tribunal. The allegations are very serious and it is better the issues are tried by a sheriff with no prior involvement in the case.
14/11/2024 Ms Jane Champion - Social Security Chamber FTS/SSC/AE/24/01616 Tribunal Member Granted <p>The DQM has identified that the appellant for the tribunal (AE/24/01616) is the sister of, and was a witness in a case that she heard previously (AE/24/01483). As such she has made the legal member aware of the conflict of interest.</p><p>The Appellant has a common surname which has caused the delay in observing the conflict of interest.&nbsp;</p>
25/10/2024 Dr Derek Palmer - MHTS MHTS/1/24/09/05598/S099 Dr Derek Palmer Granted Prior, direct and extended, professional experience and knowledge of the patient's circumstances, care and treatment.
17/10/2024 Jane Reid - Mental Health Tribunal Scotland MHTS/2/24/10/06914/S050 Tribunal Member Granted <div>The legal member, on receiving the case papers, immediately identified that the patient and her family were known to the member when she was a partner in a small private practice.&nbsp;</div><div><br></div><div>The firm acted for numerous members of the family on a range of legal matters including powers of attorney and succession provisions to protect this family member's interests, given her significant and enduring mental disorder.</div><div><br></div><div>The legal member formed the view that, although she left private practice many years ago, there could be a possible perception of bias.&nbsp; She therefore concluded it was appropriate to recuse herself.</div>
19/08/2024 Elizabeth Dickson - Housing and Property Chamber FTS/HPC/EV/24/0900 Elizabeth Dickson, Tribunal Member Granted <p>The member is dealing with another case <strong>FTS/HPC/RE/24/1240&nbsp;</strong><span style="background-color: initial; font-family: inherit; font-size: inherit; text-align: inherit; text-transform: inherit; word-spacing: normal; caret-color: auto; white-space: inherit">involving the same parties and property. It could be perceived that any decision made in one case would influence unduly the decision on the other&nbsp;</span></p>
01/08/2024 Mr John Blackwood - Housing and Property Chamber HPC/EV/24/0566 Mr John Blackwood Granted The member recuses himself from the case as he know the applicant’s representative in a professional capacity as Landlord Registration Officer of East Lothian Council.&nbsp;
31/07/2024 Susanne Tanner - Housing and Propery Chamber FTS/HPC/EV/23/4577 Susanne Tanner Granted <p>Legal member became aware of an apparent conflict during CMD, after submissions made by Applicant’s representative.</p> <p>Solicitor for Applicant confirmed details which confirmed the conflict.</p>Legal member recused herself.
25/07/2024 John Blackwood - Housing and Property Chamber FTS/HPC/EV/24/1026 John Blackwood Granted The Applicant Representative&nbsp; is a member of the Scottish Landlords Association of which John Blackwood the ordinary member on the tribunal panel is the chair-person on the Association.&nbsp;
17/06/2024 Sheriff George Jamieson - Kilmarnock Sheriff Court KIL-F172-18 Ex Proprio Motu Granted I was involved in managing contempt of court proceedings between the parties in KIL-B445-22. This is the principal application, a minute to vary commenced on 22 September 2022, originally for increased contact, now for a residence order in favour of the pursuer. I may not be perceived as having the necessary degree of impartiality owing to the highly conflicted nature of the principal proceedings and my involvement in managing the related action.
10/06/2024 Sheriff Anthony McGeehan - Greenock Sheriff Court Siobhan Mary Donaldson v David Lyndon Brown Ex Proprio Motu Granted Defender advised immediately prior to Proof that a witness for the Defender knew the Sheriff, was a friend of his family and had a shared relative. The witness only identified this relationship the day before the Proof. The witness was 1 of only 2 witnesses for the Defender and her credibility and reliability would require to be decided on. In the circumstances, the Proof was adjourned to avoid any perception of impartiality.
15/05/2024 Summary Sheriff M Hodge - Aberdeen Sheriff Court ABE-SG67-23 - Nick Hufstetler v KNC GROUNDWORKS LIMITED + others Summary Sheriff Granted Respondent company is a local company to the Sheriff and have provided a quote for work and may be required to undertake work in future.
21/04/2024 Ahsan Khan - Housing and Property Chamber FTS/HPC/PF/23/3604 & FTS/HPC/PF/23/4523 Ahsan Khan Granted Potential conflict of interest with witness in these cases.

 

 

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