Robbie The Pict v. Miller Buidheann Ltd [2005] ScotSC 80 (09 November 2005)

Robbie The Pict v. Miller Buidheann Ltd [2005] ScotSC 80 (09 November 2005)

The appeal is incompetent because it is directed against an interlocutor that is not final and does not fall within the statutory categories for appeal without leave under section 27 of the Sheriff Courts (Scotland) Act 1907. Article 6 ECHR and the Human Rights Act 1998 do not override these statutory requirements in the absence of ambiguity. Judicial membership in the Speculative Society of Edinburgh does not, without more, create an objective suspicion of bias sufficient to require recusal or to invalidate prior interlocutors.

Citation
[2005] ScotSC 80
Parties
Pursuer and Appellant: Robbie The Pict; Defenders and Respondents: Miller Buidheann Limited
Jurisdiction
Scotland
Judgment Date
09 November 2005
Procedural Posture
Appeal (sheriff Court, Scotland) / Appeal Against Interlocutor (procedural Order) in Small Claims/ordinary Cause Transition
Outcome
Appeal refused as incompetent; case remitted to the sheriff to proceed as accords.
Legal Topics
Competency of Appeal, Judicial Impartiality, Article 6 ECHR, Recusal for Association, Small Claims Procedure, Ordinary Cause Procedure
Civil Procedure Judicial Recusal Human Rights Competency of Appeal Judicial Impartiality Article 6 ECHR Recusal for Association Small Claims Procedure +1 more

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Parties

Robbie The Pict

Pursuer and Appellant

Miller Buidheann Limited

Defenders and Respondents

Procedural Posture

Appeal (sheriff Court, Scotland) / Appeal Against Interlocutor (procedural Order) in Small Claims/ordinary Cause Transition

Legal Issues

  1. 1 Whether the appeal against an interlocutor that is not final is competent under section 27 of the Sheriff Courts (Scotland) Act 1907
  2. 2 Whether judicial membership in the Speculative Society of Edinburgh gives rise to objective suspicion of bias under Article 6 ECHR
  3. 3 Whether the Human Rights Act 1998 overrides statutory rules of appeal competency

Ratio Decidendi

The appeal is incompetent because it is directed against an interlocutor that is not final and does not fall within the statutory categories for appeal without leave under section 27 of the Sheriff Courts (Scotland) Act 1907. Article 6 ECHR and the Human Rights Act 1998 do not override these statutory requirements in the absence of ambiguity. Judicial membership in the Speculative Society of Edinburgh does not, without more, create an objective suspicion of bias sufficient to require recusal or to invalidate prior interlocutors.

Court Disposition

Appeal refused as incompetent; case remitted to the sheriff to proceed as accords.

Orders

  • Refuses the appeal as incompetent.
  • Remits the cause to the sheriff to proceed as accords.