Judges’ conflicts of interest declared. SCOTLAND’S judiciary leads the rest of the United Kingdom in one area of transparency – the publication of Judicial ‘Recusals’ – the term used to describe when a judge or tribunal member has a conflict of interest and must stand aside from hearing a case.
Currently, around one hundred and seventy five recusals of judges and tribunal members have been recorded in the Register of Recusals – which is kept up to date by the Judiciary of Scotland here: Judicial Recusals - Judiciary of Scotland
The Register of Recusals came into being - albeit grudgingly – after Scotland’s now former top judge Lord Brian Gill - held an unprecedented private meeting with Committee Conveners during early 2014.
Gill created the Register of Recusals - as a response to growing calls for MSPs to press ahead with a petition calling for all judges to declare their interests in a publicly available register - Petition PE1458: Register of Interests for members of Scotland's judiciary.
However, later in the same year, top judge Lord Brian Gill was forced to recuse himself from a case in which his own son – Advocate Brian Gill – represented one of the parties involved in an action – the details of which, and identities of the parties involved, were kept secret from media enquiries at the time in 2014.
Only recently, with again – grudging reforms to the Recusals Register, enacted only after requests from MSPs and direct discussions between the Judicial Interests petitioner and the Judicial Office itself, do we now know the identities of litigants, case references and extra details now published in the Recusals Register.
Whatever was so secret about publishing the fact the Lord President’s son represented a party in Belhaven Brewery v Assessor for Ayrshire XA 72/14 – causing the recusal of his father Lord Brian Gill from the bench, is still to be adequately explained – but we now know who were involved, just – not the ‘why’.
However, despite recent promises from the Judicial Office that Justices of the Peace – numbering well over 400 - were to be included in the Regster of Recisals – there are, strangely and without explanation, no references whatsoever to one single Justice of the Peace being the subject of a recusal.
Furthermore when enquiries were made of the Judicial Office to reveal more detailsof the JPs, all communications from the Head of Governance stopped after it was queried why no JPs had recused – sparking another mystery to be solved.
The lack of recusals in relation to Justices of the Peace was reported in more detail here : THE UNRECUSED: Mystery as 450 Justices of the Peace fail to register one single recusal in a full year after conflict of interest rules change for Scotland’s secretive army of lay magistrates
Additionally – and worryingly for those who prefer honesty with their judiciary – there is not a single mention of any of the judges who were forced to stand aside in the hearings relating to a multi million pound damages claim against the Lord Advocate and Scotland’s Chief Constable - A295/16 David Whitehouse (represented by Urquharts) v Liam Murphy &c (represented by Ledingham Chambers for SGLD - Scottish Government Legal Directorate)
The case related to legal action taken by former Rangers Administrator David Whitehouse - for wrongful arrest and financial damages against Lord Advocate James Wolffe QC and the Chief Constable of Police Scotland.
A media investigation revelaed the case was incredibly scheduled to be heard by the Lord Advocate’s wife – Lady Sarah Wolffe - who is a judge in the Court of Session.
The case was reported in more detail here: WOLFFE COURT: Lord Advocate James Wolffe and his judge wife at centre of £9million damages claim - Questions remain why Lady Wolffe avoided recusal during emergency judge swap on court case against her own husband
It then emerged a series of judge swapping on the case, saw hearings passed from Lady Sarah Wolffe, to Lady Morag Wise, then Lord Paul Arthurson – and then to a FOURTH judge – Lord Sidney Neil Brailsford.
Yet, despite the blatant conflicts of interest in relation to the Lord Advocate’s own wife who was set to hear the case – there is – importantly – not one mention or reference, even a backdated note, within the Register of Recusals – to explain why, eventually – Lady Wolffe had to step aside from the case yet failed to issue a proper recusal for doing so.
Bizarrely, the case ultimately fell to be heard by Lord Malcolm – made famous after the judge – who’s real name is Colin Campbell QC – heard a case up to eight times where his son represented the defenders - yet saying nothing in court.
Another case which revealed significant problems with how the Judicial Office kept records of judicial recusals was that of an instance involving Lord Bracadale – where, only after media enquiries to the Judicial Office Press Chief, was it admitted a case in which Lord Bracadale had stepped aside from hearing, was not recorded in the Register of Recusals.
After admitting the ‘mistake’ of failing to record the recusal by Lord Bracadale, clerks for the Scottish Courts & Tribunals Service then silently updated the Recusals Register, a year later, and without any note that the recusal had been amended after the ‘mistake’ had been investigated by the media.
The Bracadale recusal issue was reported in greater detail here: RECUSALS UNLIMITED: Doubts over credibility of register of judges’ recusals - as Judicial Office admit court clerks failed to add details of senior judges recusals – then silently altered records a year later.
It is worth noting, Lord Carloway was asked questions about the failure to record Lord Bracadale’s recusal, during the Lord President’s evidence hearing with the Public Petitions Committee in July 2017.
Lord Carloway’s could not offer a satisfactory response, and it is worth noting the Head of Judicial Communications resigned her post during queries into why the Bracadale recusal had been concealed from the publicly available Register of Recusals.
The Scottish Parliament’s Justice Committee are currently investigating calls for a probe of Judicial Recusals, as part of their work on considering Petition PE1458: Register of Interests for members of Scotland's judiciary.
The proposal, first debated at the Scottish Parliament’s Public Petitions Committee in January 2013 – calls for the creation of a publicly available register of judicial interests – containing information on judges’ backgrounds, figures relating to personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.
Previous articles on the lack of transparency within Scotland’s judiciary, investigations including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee and Justice Committee work in relation to creating a Register of Judges’ Interests - can be found here : A Register of Interests for Scotland's Judiciary.
The current list of Judicial Recusals as of the date of publication of this article lists the following members of thejudiciary, court locations, case references, and reaons for their recusal due to a conflict of interest:
Judicial Recusals 2014
DATE | COURT & TYPE OF ACTION | JUDGE | CASE NAME & REF | MOTION BY & REASON |
24/03/2014 | Livingston Sheriff Court (Civil) | Sheriff Edington | A v B* | Defender; Sheriff drew to the parties’ attention a possible difficulty, namely the wife of one of the other resident Sheriffs was the author of a report contained with the proces s . T h e Sheriff asked parties if they wished him to recuse himself. The defenders, having considered the issue, made a motion for the Sheriff to recuse himself, which he then did. |
08/04/2014 | Forfar Sheriff Court (Criminal) | Sheriff Veal | PF v Richard Hughes SCS/2013/148273 | Ex proprio motu**; Sheriff personally known to a witness |
10/04/2014 | Selkirk Sheriff Court (Civil) | Sheriff Paterson | MacDonald v Dickson PBL A11/13 | Ex proprio motu; Sheriff had acted for a client in a previous dispute against the Pursuer |
23/04/2014 | High Court of Justiciary (Appeal) | Lady Wise | Barry Hughes v Her Majesty’s Advocate H CA/2014-001480- XC | Ex proprio motu; Senator had previously acted for a relative of accused |
16/04/2014 | Glasgow Sheriff Court (Criminal) | Sheriff Cathcart | HMA v Michael J J Houston GLW 2013/013251; GLW2013/015913; GLW 2014/003566 | Ex proprio motu; Sheriff personally known to the a witness |
13/04/2014 | Haddington Sheriff Court (Civil) | Sheriff Braid | C v D* | Ex p rop rio motu; Sheriff known to pursuer's family |
14/05/2014 | High Court of Justiciary (Criminal) | Temporary Judge MacIver | Mateusz Zborowski v Procurator Fiscal, Edinburgh HCA/2014002089/XT | Ex proprio motu; Conflict of interest |
20/05/2014 | Court of Session (Civil) | Lord Matthews | E v F* | Ex p ro p ri o motu; Senator personally known to a witness |
19/06/2014 | Dingwall Sheriff Court (Criminal) | Sheriff N McPartlin | PF v Carl J Wheatley SCS/2013-110134 | Ex proprio motu; Sheriff presided over a trial involving the accused, where the issue to which the instant case relates was spoken to by a witness |
20/06/2014 | Elgin Sheriff Court (Criminal) | Sheriff Raeburn QC | PF Elgin v Alistair Simpson SCS/2014-011055 | Ex proprio motu; Accused appeared before the Sheriff as a wi tn e ss in a recent trial relating to the same incident. |
24/06/2014 | Glasgow Sheriff Court (Criminal) | Sheriff P V Crozier | HMA v Paul Daniels GLW 2014 - 007144 | Ex proprio motu; Sheriff personally known to proprietor of premises libelled in the charge. |
26/06/2014 | Court of Session (Civil) | Lord Gill | Belhaven Brewery v Assessor for Ayrshire XA 72/14 | Ex proprio motu; Relative of Senator acts for the respondent |
27/08/2014 | Court of Session (Civil) | Lord Brailsford | G v H* | Ex proprio motu; Senator personally known to husband of th e p u rs u e r |
28/08/2014 | Oban Sheriff Court (Civil) | Sheriff W D Small | Etonella Christlieb A22/14 & A23/14 | Ex p ro p ri o m otu ; S heriff personally known to a party. |
28/08/2014 | Oban Sheriff Court (Criminal) | Sheriff W D Small | PF v Etonella Christlieb OBN2014-000138 | Ex proprio motu; Personally known to a party of the action |
22/10/2014 | Aberdeen Sheriff Court (Criminal) | Sheriff Cowan | PF v George Mutch SCS/2013/-110352 | Defender; Sheriff drew to parties’ attention that she was a member of the RSPB before commencement of a trial as the case involved an investigation carried out by the RSPB and many witnesses were RSPB officers. She invited parties to consider whether she should take the trial. The defenders, having considered the issue, made a motion for the Sheriff to recuse herself, which she then did. |
08/12/2014 | Alloa Sheriff Court (Civil) | Sheriff D Mackie | I v J* | Ex proprio motu; Contemporaneous and overlapping proceedings comprising an appeal and a referral from the children’s hearing relating to children from the same family. |
16/12/2014 | Court of Session (Civil) | Lady Clark of Calton | Petition: Thomas Orr & another for Order Under Companies Act P1769/08 | Ex proprio motu; Senator personally known to parties of the action. |
Judicial Recusals 2014
DATE | COURT & TYPE OF ACTION | JUDGE | CASE NAME & REF | MOTION BY & REASON |
24/03/2014 | Livingston Sheriff Court (Civil) | Sheriff Edington | A v B* | Defender; Sheriff drew to the parties’ attention a possible difficulty, namely the wife of one of the other resident Sheriffs was the author of a report contained with the proces s . T h e Sheriff asked parties if they wished him to recuse himself. The defenders, having considered the issue, made a motion for the Sheriff to recuse himself, which he then did. |
08/04/2014 | Forfar Sheriff Court (Criminal) | Sheriff Veal | PF v Richard Hughes SCS/2013/148273 | Ex proprio motu**; Sheriff personally known to a witness |
10/04/2014 | Selkirk Sheriff Court (Civil) | Sheriff Paterson | MacDonald v Dickson PBL A11/13 | Ex proprio motu; Sheriff had acted for a client in a previous dispute against the Pursuer |
23/04/2014 | High Court of Justiciary (Appeal) | Lady Wise | Barry Hughes v Her Majesty’s Advocate H CA/2014-001480- XC | Ex proprio motu; Senator had previously acted for a relative of accused |
16/04/2014 | Glasgow Sheriff Court (Criminal) | Sheriff Cathcart | HMA v Michael J J Houston GLW 2013/013251; GLW2013/015913; GLW 2014/003566 | Ex proprio motu; Sheriff personally known to the a witness |
13/04/2014 | Haddington Sheriff Court (Civil) | Sheriff Braid | C v D* | Ex p rop rio motu; Sheriff known to pursuer's family |
14/05/2014 | High Court of Justiciary (Criminal) | Temporary Judge MacIver | Mateusz Zborowski v Procurator Fiscal, Edinburgh HCA/2014002089/XT | Ex proprio motu; Conflict of interest |
20/05/2014 | Court of Session (Civil) | Lord Matthews | E v F* | Ex p ro p ri o motu; Senator personally known to a witness |
19/06/2014 | Dingwall Sheriff Court (Criminal) | Sheriff N McPartlin | PF v Carl J Wheatley SCS/2013-110134 | Ex proprio motu; Sheriff presided over a trial involving the accused, where the issue to which the instant case relates was spoken to by a witness |
20/06/2014 | Elgin Sheriff Court (Criminal) | Sheriff Raeburn QC | PF Elgin v Alistair Simpson SCS/2014-011055 | Ex proprio motu; Accused appeared before the Sheriff as a wi tn e ss in a recent trial relating to the same incident. |
24/06/2014 | Glasgow Sheriff Court (Criminal) | Sheriff P V Crozier | HMA v Paul Daniels GLW 2014 - 007144 | Ex proprio motu; Sheriff personally known to proprietor of premises libelled in the charge. |
26/06/2014 | Court of Session (Civil) | Lord Gill | Belhaven Brewery v Assessor for Ayrshire XA 72/14 | Ex proprio motu; Relative of Senator acts for the respondent |
27/08/2014 | Court of Session (Civil) | Lo rd Brailsford | G v H* | Ex proprio motu; Senator personally known to husband of th e p u rs u e r |
28/08/2014 | Oban Sheriff Court (Civil) | Sheriff W D Small | Etonella Christlieb A22/14 & A23/14 | Ex p ro p ri o m otu ; S heriff personally known to a party. |
28/08/2014 | Oban Sheriff Court (Criminal) | Sheriff W D Small | PF v Etonella Christlieb OBN2014-000138 | Ex proprio motu; Personally known to a party of the action |
22/10/2014 | Aberdeen Sheriff Court (Criminal) | Sheriff Cowan | PF v George Mutch SCS/2013/-110352 | Defender; Sheriff drew to parties’ attention that she was a member of the RSPB before commencement of a trial as the case involved an investigation carried out by the RSPB and many witnesses were RSPB officers. She invited parties to consider whether she should take the trial. The defenders, having considered the issue, made a motion for the Sheriff to recuse herself, which she then did. |
08/12/2014 | Alloa Sheriff Court (Civil) | Sheriff D Mackie | I v J* | Ex proprio motu; Contemporaneous and overlapping proceedings comprising an appeal and a referral from the children’s hearing relating to children from the same family. |
16/12/2014 | Court of Session (Civil) | Lad y Clark of Calton | Petition: Thomas Orr & another for Order Under Companies Act P1769/08 | Ex proprio motu; Senator personally known to parties of the action. |
Judicial Recusals 2015
DATE | COURT & TYPE OF ACTION | JUDGE | CASE NAME & REF | MOTION BY & REASON |
22/01/2015 | Edinburgh Sheriff Court (Extradition) | Sheriff Maciver | Poland v Lukasz Kosowski | **Ex proprio motu; Sheriff involved in case at earlier stage of proceedings |
30/01/2015 | Dumfries Sheriff Court (Civil) | Sheriff G Jamieson | Browns Hairdressers v Lauren Brown A82/13 | Ex proprio motu; Sheriff had previously dealt with the issue under dispute |
06/02/2015 | Greenock Sheriff Court (Civil) | Sheriff I M Fleming | Helen Humphreys v Norna Crabba B593/14 | Ex proprio motu; Previous professional relationship between Sheriff's former firm of solicitors and the defender |
10/02/2015 | High Court of Justiciary (Criminal) | Lady Scott | HMA v John McGregor IND2014-3553 | Ex proprio motu; Due to a previous ruling made by the Senator in relation to a separate indictment against the accused |
10/02/2015 | Court of Session (Civil) | Lord Jones | Steven Paterson v David MacLeod & ors PD812/13 | Pursuer; Due to a previous finding by the Senator in relation an expert witness whose evidence is crucial to the pursuer's case |
13/03/2015 | Aberdeen Sheriff Court (Criminal) | Sheriff A Cowan | HMA v John Paris Lyon SCS-2015/012519 | Ex proprio motu; Accused known by the Sheriff as a reg u l a r observer of court proceedings from the public gallery |
17/03/2015 | Forfar Sheriff Court (Criminal) | Sheriff Di Emidio | PF v Kevin R Hutcheon SCS 2014-110800 | Ex proprio motu; Sheriff personally known to a witness |
18/03/2015 | Lerwick Sheriff Court (Criminal) | Sheriff Mann | PF v William McCover Ler-2015/000142 | Ex proprio motu; Circumstance may give rise to a suggestion of bias. |
16/04/2015 | Edinburgh Sheriff Court (Civil) | Sheriff Arthurson QC | David H Kidd v Ronald G Clancy QC SC74/15 | Ex proprio motu; Personally known to a party of the a ct i on |
12/05/2015 | Court of Session (Civil) | Lord Boyd of Duncansby | K v L* | Defender; Senator was Lord Advocate when a successful prosecution was brought against one of the respondents. |
14/05/2015 | Court of Session (Civil) | Lord Brailsford | M v N* | Defender; Senator previously involved in this case. |
14/05/2015 | Edinburgh Sheriff Court (Civil) | Sheriff McColl | David H Kidd v Ronald G Clancy QC SC74/15 | Ex proprio motu; Sheriff personally known to a party of the action |
27/05/2015 | Edinburgh Sheriff Court (Civil) | Sheriff F Crowe | CEC v James McMillan SD738/14 | Ex proprio motu; Sheriff had previously deal with a case in which the defender was a witness |
29/05/2015 | Glasgow Sheriff Court (FAI) | Sheriff Principal Scott QC | FAI - Glasgow Bin Lorry | Ex proprio motu; Sheriff personally known to one of the deceased |
04/06/2015 | Court of Session (Civil) | Lord Glennie | Marshall Ronald v Duke of Buccleugh | Ex proprio motu; Senator is an acquaintance of a party to the action |
04/06/2015 | Court of Session (Civil) | Lord Burns | Marshall Ronald v Duke of Buccleugh | Ex proprio motu; Senator previously acted as defence counsel in a criminal trial involving the pursuer |
24/07/2015 | Edinburgh Sheriff Court (Criminal) | Sheriff K M Maciver | PF v James McKinstry | Ex proprio motu; Sheriff personally known to a party in the case |
11/08/2015 | Banff Sheriff Court (Criminal) | Sheriff Mann | PF v James J Duguid SCS/2015-086256 | Ex proprio motu; Sheriff personally known to a party of the action, having previously acted on behalf of the family while in private practice |
21/08/2015 | Edinburgh Sheriff Court (Civil) | Sheriff Mackie | GE Money Secured Loans Limited v Kenneth More & Shirely More B64/15 | Ex proprio motu; Sheriff in dispute with pursuer |
28/08/2015 | Dundee Sheriff Court (Criminal) | Sheriff Murray | PF v Peter Whyte and Helen Williams SCS-2015/088655 | Ex proprio motu; Sheriff personally known to a witness |
03/09/2015 | Dumbarton Sheriff Court (Civil) | Sheriff Turnbull | O v P* | Ex proprio motu; Sheriff had previously acted for client in a dispute against the pursuer |
04/09/2015 | Edinburgh Sheriff Court (Civil) | Sheriff Mackie | GE Money Home Lending Ltd v Susan Glancy B1078/15 | Ex proprio motu; Sheriff involved in a dispute against a party to the action |
15/09/2015 | Aberdeen Sheriff Court (Criminal) | Sheriff Stirling | PF v Graham Gordon SCS/2015008686 | D efender; Sheriff previously considered and refused i s s u e s wh i ch the accused wished to revisit |
01/10/2015 | Aberdeen Sheriff Court (Criminal) | Sheriff W. J. Taylor | PF v Stanley Lawrence SCS/2014098082 | Ex proprio motu; Sheriff was privy to certain i nfo rmati o n a b o ut the accused's credibility |
08/10/2015 | Lanark Sheriff Court (Criminal) | Sheriff Stewart | PF v Laura Harrower LAN2015-000186 | Ex proprio motu; Accused made complaints against the Sheriff and staff |
12/10/2015 | Court of Session (Civil) | Lady Clark of Calton | Rehab Abdel-Rahman for Judicial Review P833/11 | Ex proprio motu; Senator an acquaintance of a party to the action |
20/10/2015 | Glasgow Sheriff Court (Criminal) | Sheriff Crozier | HMA v Gilmour and Dean SCS-2015/103172 | Ex p ropri o motu; S h eriff personally known to a director of the accused's company |
20/10/2015 | Inverness Sheriff Court (Civil) | Sheriff Sutherland | Church street investments v Julie Doughty SA296-15 | Ex proprio motu; Sheriff personally known to a party of the action |
12/11/2015 | Court of Session (Civil) | Lord Malcolm | MacRoberts LLP v McCrindle Group Ltd CA133/12 | Ex proprio motu; Senator acted as Senior Counsel for the defenders in a related action |
18/11/2015 | Court of Session (Civil) | Lord Boyd of Duncansby | Petition: Hunt for Judicial Review | Ex proprio motu; Relative of Senator involved in the action |
26/11/2015 | Inverness Sheriff Court (Civil) | Sheriff G Fleetwood | The MacKenzie Law Practice v John Holden SA163/15 | Ex proprio motu; Personally known to a party of the action |
27/11/2015 | Court of Session (Civil) | Lady Paton | William Beggs v Scottish Information Commissioner XA105/14 | Ex proprio motu after intimation to parties and a negative response from the Pursuer; Senator was on the bench for an appeal against conviction by the Pursuer |
09/12/2015 | Wick Sheriff Court (Criminal) | Sheriff Berry | PF v Martin McGowan 2015/00289 | Ex proprio motu; Complainer personally known to the Sheriff |
22/12/2015 | Lanark Sheriff Court (Civil) | Sheriff Stewart | Q v R[1] [2] | Ex proprio motu; Sheriff personally known to both parties of the action |
Judicial Recusals 2016
DATE | COURT & TYPE OF ACTION | JUDGE | CASE NAME & REF | MOTION BY & REASON |
26/01/2016 | Court of Session (Civil) | Lord Uist | Andrew MacLeod v Graham Douglas & another A356/14 | Pursuer; Senator dealt with same issue and same witnesses in a case being appealed |
27/01/2016 | Dumbarton Sheriff Court | Sheriff Gallacher | Daniel Macaulay v Robert Whitton & Margaret Whitton SA653/15 | **Ex proprio motu; Sheriff involved in previous proceedings |
09/02/2016 | Elgin Sheriff Court (Criminal) | Sheriff Pasportnikov | PF v Katie & Andrew O'Hare SCS/2015-137949 | Ex proprio motu; Sheriff previously presided over related case |
10/02/2016 | Elgin Sheriff Court (Criminal) | Sheriff Pasportnikov | PF v Scott Bate SCS2015- 137058 | Ex proprio motu; Sheriff previously presided over a recent criminal and civil case. |
18/03/2016 | Edinburgh Sheriff Court (Civil) | Sheriff Ross | S v T* | Ex proprio motu; Sheriff previously presided over criminal matter involving appellant |
18/03/2016 | Aberdeen Sheriff Court (Civil) | Sheriff A Stirling | Dandara Ltd AB15009178/SCS - 2015 - 1552552 | Ex proprio motu; Sheriff previously presided over civil matter involving accused |
14/04/2016 | Edinburgh Sheriff Court (Criminal) | Sheriff Braid | PF v John Wyse SCS/2016-041402 | Ex proprio motu; Sheriff previously dealt with the accused in a previous case. |
25/04/2016 | Ayr Sheriff Court (Civil) | Sheriff Montgomery | Thomas Port and Catherine Port v Steven Easton and Easton Kitchens and Bathrooms A147/15 | Joint motion; Sheriff previously acted for the defender as a solicitor |
03/05/2016 | Lanark Sheriff Court (Criminal) | Sheriff N C Stewart | PF v Alexander Law Law/2015-000463 | Ex proprio motu; Complainer previously represented by Sheriff's husband |
20/05/2016 | Court of Session (Civil) | Lord Bracadale | Donal Nolan v Advance Construction (Scotland) Ltd CA132/11 | On the pursuer's motion in relation to the judge's previous decision to refuse the pursuer's appeal at a procedural hearing |
23/05/2016 | Forfar Sheriff Court (Criminal) | Sheriff P Di Emidio | HMA v Alexander Sturrock SCS 2016-044654 | Ex p ro p rio motu; Sheriff previously granted a search warra n t a n d i s be i n g ch a l l e n ged by the accused |
13/06/2016 | Glasgow Sheriff Court (Civil) | Sheriff S Reid | Norna Crabbe v Alexander Reid & Others A8111/07 | P ursuer; Personally known to a witness |
22/06/2016 | Perth Sheriff Court (Civil) | Sheriff David Clapham | Commercial Legal Centre LLP v Cargo Bar Ltd SA5616 | Ex proprio motu; Pursuer known to Sheriff |
09/08/2016 | Dunoon Sheriff Court (Civil) | Sheriff Thomas Ward | Derke Rodger v Capercaille Books Limited A14/15 | Ex proprio motu; Sheriff personally known to a witness |
19/08/2016 | Greenock Sheriff Court (Criminal) | Sheriff Thomas Ward | PF Greenock v Henry Kerr and Angela Deeney GRE-2016 000548/GR16001177 | Ex proprio motu; Accused known to Sheriff from Sheriff's time in private practice |
23/08/2016 | Aberdeen Sheriff Court (Criminal) | Sheriff Alison Stirling | PF v Dandara LTD SCS2015155252- SCS2015101495 | Ex proprio motu; Sheriff Stirling found the accused's company liable in a civil matter |
13/09/2016 | Court of Session (Civil) | Lord Pentland | William Russell & others v John Morre and others A77/16 | Joint motion; Senator previously acted for the first named defender |
25/10/2016 | Court of Session (Civil) | Lord Brailsford | HMA to appt admin re Mohammond Younas P1442/15 | Appellant; A close relative is employed by one of the parties involved in the case |
10/11/2016 | Kilmarnock Sheriff Court (Criminal) | Sheriff Foran | PF v Stewart Daly KIL-2016-000635 | Ex proprio motu; Sheriff personally known to a witness |
17/11/2016 | Dumfries Sheriff Court | Sheriff G Jamieson | Ronald Adams v Ronald Bell Dum-A62/16 | Defender; Sheriff presided over a related civil proof in another case in which parties were witnesses. |
18/11/2016 | Court of Session (Civil) | Lord Glennie | Adebayo Aina for Leave to appeal a Decision of the Upper Tribunal XA99/16 | Ex proprio motu; Earlier decision on a related issue might reasonable be though to influence any decision in the present case |
30/11/2016 | Perth Sheriff Court (Civil) | Sheriff R McFarlane | S Koronka (Manufacturing) Ltd v Musgrave Generators Ltd A103/16 | Ex proprio motu; Sheriff acted for the pursuers when p ractising as a solicitor |
Judicial Recusals 2017
DATE | COURT & TYPE OF ACTION | JUDGE | CASE NAME & REF | MOTION BY & REASON |
30/01/17 | Edinburgh Sheriff Court (criminal) | Sheriff Crowe | Robert Wylie (EDI 2016 012008) | **Ex proprio motu; Sheriff previously presided over criminal matter involving accused, which might reasonably be thought to influence any decision in the present case |
13/02/17 | Portree Sheriff Court (civil) | Sheriff Taylor QC | T v U[3] | Ex proprio motu; Sheriff previously dealt with a criminal case involving parties |
23/02/17 | Inverness Sheriff Court (civil) | Sheriff Fleetwood | Ashwin Bantwal v Vrishali Shenoy | Ex proprio motu; Sheriff presided over a jury trial involving parties |
29/03/17 | Perth Sheriff Court (civil) | Sheriff Wade QC | Drysdale Motorcycles v Derek Annand & Edwin McLaren (SE9/15) | Ex proprio motu; Sheriff, in her previous role as advocate depute, was heavily involved in preparing the prosecution of one of the parties in the action |
06/04/17 | Kilmarnock Sheriff Court (civil) | Sheriff Foran | Lynsey Henderson v NHS Ayrshire & Arran Health Board (KIL-PD55-14) | Pursuer's motion granted; A witness was a former client of the Sheriff in previous role in private practice |
04/05/17 | Elgin Sheriff Court (criminal) | Sheriff Pasportnikov | PF Elgin v Douglas Welsh (ELG2017-000441) | Ex proprio motu; Sheriff had previous knowledge of the parties through a Children's Hearing matter |
16/05/17 | Banff Sheriff Court (criminal) | Sheriff Mann | PF Banff v Kate Law (x2) (BAN-2016-172) (BA16000365) | Ex proprio motu; Sheriff personally known to relatives of the accused |
12/06/17 | Glasgow Sheriff Court (civil) | Sheriff Platt | Lucy Bruce v Andrew Bruce (GLW-F619-14) | Ex proprio motu; Sheriff personally known to a witness |
04/08/17 | Forfar Sheriff Court (civil) | Sheriff Murray | Dundee Joinery Limited v Mike Hall (FFR-SG157-17) | Defender's motion granted; Sheriff had acted on behalf of the Pursuer in a civil action against the prospective Lay Representative as a Defender prior to him being appointed as a Sheriff |
14/08/17 | Elgin Sheriff Court (civil) | Sheriff Pasportnikov | Ann Hawksley v Gordonstoun Schools Limited (ELG-A80-16) | Ex proprio motu; Sheriff has previous knowledge of the parties |
23/08/17 | Kilmarnock Sheriff Court (civil) | Sheriff McFarlane | V v W* | Ex proprio motu; Sheriff has previous involvement with the parties |
05/09/17 | Edinburgh Sheriff Court (Civil) | Sheriff Tait | W v X* | Ex proprio motu; The outcome of previous proceedings involving one of the parties might reasonably be thought to influence any decision in the present case |
10/10/17 | Alloa Sheriff Court (Children's Hearing) | Sheriff Mackie | Y v Z* | Ex proprio motu; Appeal arises as a direct consequence of a decision of the same Sheriff |
18/10/17 | Aberdeen Sheriff Court (criminal) | Sheriff McLaughlin | Bosede Obe Oghughu (SCS/21017-080483) | Ex proprio motu; Sheriff previously presided over a trial involving the same accused and same witnesses. |
23/10/17 | Dumbarton Sheriff Court (civil) | Sheriff Pender | Promontoria v Colin & David Wilson | Ex proprio motu; Personally known to a party in the action |
30/10/17 | Wick Sheriff Court (criminal) | Sheriff Berry | Robert John Sutherland | Ex proprio motu; Family personally known to Sheriff |
14/12/17 | Dundee Sheriff Court (criminal) | Sheriff Way | HMA v Megan Sandeman (DUN2017-002839) | Defence motion granted; Written material sent to the court for the Sheriff's attention, also enclosed in a victim impact statement provided by the Crown, may reasonably have impugned the Sheriff's impartiality |
19/12/17 | Wick Sheriff Court (criminal) | Sheriff Berry | PF Wick v Ian Stuart Sinclair | Ex proprio motu; Sheriff personally known to a witness |
*Parties anonymised due to sensitive nature of case **Of the judge’s own accord |
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I'm sure this is only the tip of the iceberg however thanks to YOU we now know there are huge problems in the judicial mafia just as much as in the legal profession
ReplyDeleteKeep up the good work Peter!
So;
ReplyDelete- still no justices of the peace included in the register and no explanation given for their absence
- omissions and partial records relating to Court of Session judges appear without explanation
Yet more evidence that a truly independent Regulator of the Judiciary and Law Society is and has been urgently required in Scotland for decades.
Just do not expect the SNP to do anything to remedy the situation.
HAHA
ReplyDeleteI love the part where Brian Gill is caught by his own idea to kill your petition and ends up having to recuse himself.
Did Gill exclude the JPs on purpose from recusals? I think so.
No wonder they are fighting so hard against your petition with all that information on who knows who in this snake pit of a judiciary
ReplyDeleteAnti hunt lobby pay attention please.
ReplyDelete18/11/2015
Court of Session (Civil)
Lord Boyd of Duncansby
Petition: Hunt for Judicial Review
Ex proprio motu; Relative of Senator involved in the action
@ 22 May 2019 at 13:19
ReplyDeleteTeam effort .. and thanks.
@ 22 May 2019 at 21:54
I am sure the 450 Justices of the Peace did not slip the mind of the Lord President in 2014 ... therefore it is difficult to conclude their exclusion from the recusal register was 'accidental' or an 'error' of some kind ...
If there was a Register of Judicial Interests many of these judges would not have been hearing the cases in the first place. Instead we have a system where inefficiency and delay in inbuilt with the resultant frustration and expense caused to clients.
ReplyDeleteMake the Register law - NOW!
The odds are everyone on that list including all the people around them hate your guts for forcing them to declare their conflicts of interest probably hate your guts enough to do you some real damage so be careful
ReplyDeleteExcellent work again Peter.As you said in your tweet these are 175 conflicts of interest the judges did not want us to know.
ReplyDeleteHow many more are going unrecorded in the same way Lady Wolffe and the Rangers Whitehouse arrest case and also how they sneaked in Lod Bracadale on the conflict of interest register only after you made enquiries about it!
Our judges are a very sinister crowd
There are probably hundreds of potential recusals they kept away from this register because as you say none of the lawyers or the court clerks or the judge says anything about their conflict of interests to anyone even the clients own lawyers told tell them and they know all about it!
ReplyDeleteWhat a complete sham our courts are and thank you so much for publishing all the details so we can read it properly