REPORT TO THE INNER HOUSE OF THE COURT OF SESSION BY PAUL CLANCY v. ROBIN DEMPSEY CAIRD [1999] ScotHC 256 (10 December 1999)

REPORT TO THE INNER HOUSE OF THE COURT OF SESSION BY PAUL CLANCY v. ROBIN DEMPSEY CAIRD [1999] ScotHC 256 (10 December 1999)

It is not proper for the Temporary Judge to determine the devolution issue regarding his own independence and impartiality; the matter must be remitted to the Inner House for determination of whether a devolution issue arises and its effect on the case.

Citation
[1999] ScotHC 256
Parties
Pursuer: Paul Clancy; Defender: Robin Dempsey Caird
Jurisdiction
Scotland
Judgment Date
10 December 1999
Procedural Posture
Civil / Report to Inner House for Guidance on Devolution Issue
Outcome
Remitted to Inner House for determination of devolution issue and directions on further procedure.
Legal Topics
Judicial Independence, Devolution Issues, Article 6 ECHR, Temporary Judicial Appointments, Procedural Fairness
Constitutional Law Civil Procedure Human Rights Judicial Independence Devolution Issues Article 6 ECHR Temporary Judicial Appointments Procedural Fairness

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Parties

Paul Clancy

Pursuer

Robin Dempsey Caird

Defender

Procedural Posture

Civil / Report to Inner House for Guidance on Devolution Issue

Legal Issues

  1. 1 Whether a Temporary Judge constitutes an independent and impartial tribunal under Article 6 ECHR
  2. 2 Whether allocation of a case to a Temporary Judge by the Keeper of the Rolls is an act of the Scottish Executive under the Scotland Act 1998
  3. 3 Whether failure to recall a Temporary Judge's commission by the Scottish Executive is contrary to human rights

Ratio Decidendi

It is not proper for the Temporary Judge to determine the devolution issue regarding his own independence and impartiality; the matter must be remitted to the Inner House for determination of whether a devolution issue arises and its effect on the case.

Court Disposition

Remitted to Inner House for determination of devolution issue and directions on further procedure.

Orders

  • Pursuer to lodge within seven days a minute setting forth the devolution issue in writing.
  • Pursuer to intimate the minute to the defender, Advocate General, and Lord Advocate.