Unity Trust Bank Plc v Frost & Anor [2001] ScotCS 27 (6 February 2001)

No valid or objective grounds were established to justify any member of the court declining jurisdiction; all motions for recusal were refused as the apprehensions of partiality were unfounded and not supported by evidence.

Citation: [2001] ScotCS 27
Parties: Pursuers and Respondents: Unity Trust Bank plc; Defender, Appellant and Counterclaimer: Martin Frost; Defender, Appellant and Counterclaimer: Linda Frost
Jurisdiction: Scotland
Judgment Date: 06 February 2001
Procedural Posture: Remitted Cause (appeal/reclaiming Motion) / Interlocutory (disqualification Motions)
Outcome: All motions for declinature of jurisdiction refused; court retains jurisdiction.
Legal Topics: Judicial Impartiality, Recusal/declinature of Jurisdiction, Party Litigants, Procedural Fairness

Civil Procedure Judicial Ethics Judicial Impartiality Recusal/declinature of Jurisdiction Party Litigants Procedural Fairness

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Parties

Unity Trust Bank plc

Pursuers and Respondents

Martin Frost

Defender, Appellant and Counterclaimer

Linda Frost

Defender, Appellant and Counterclaimer

Procedural Posture

Remitted Cause (appeal/reclaiming Motion) / Interlocutory (disqualification Motions)

Legal Issues

1 Whether any member of the court should decline jurisdiction due to alleged lack of impartiality or conflict of interest.

Ratio Decidendi

Court Disposition

All motions for declinature of jurisdiction refused; court retains jurisdiction.

Orders

Refusal of all motions for recusal/declinature of jurisdiction.