Aberdeen City Council v. Robb [2004] ScotSC 6 (20 January 2004)

Aberdeen City Council v. Robb [2004] ScotSC 6 (20 January 2004)

A fair-minded and informed observer would conclude that there was a real possibility of bias where the sheriff withdrew from the case on one occasion due to prior involvement but presided at a subsequent hearing on the same substantive issues, thus breaching Article 6(1) ECHR.

Citation
[2004] ScotSC 6
Parties
Pursuer and Respondent: Aberdeen City Council; Defender and Appellant: Alistair Herbert Robb
Jurisdiction
Scotland
Judgment Date
20 January 2004
Procedural Posture
Appeal (summary Cause Housing) / Appeal From Order for Recovery of Possession
Outcome
Appeal allowed; order of 4 September 2003 recalled; no expenses due to or by either party; cause remitted to sheriff to proceed as accords.
Legal Topics
Recovery of Possession, Anti Social Behaviour, Judicial Impartiality, Article 6 ECHR, Summary Cause Procedure
Housing Law Human Rights Law Civil Procedure Recovery of Possession Anti Social Behaviour Judicial Impartiality Article 6 ECHR Summary Cause Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Aberdeen City Council

Pursuer and Respondent

Alistair Herbert Robb

Defender and Appellant

Procedural Posture

Appeal (summary Cause Housing) / Appeal From Order for Recovery of Possession

Legal Issues

  1. 1 Whether the sheriff's participation breached Article 6(1) ECHR due to lack of impartiality
  2. 2 Whether it was competent for the sheriff to grant decree for recovery of possession at a procedural hearing

Ratio Decidendi

A fair-minded and informed observer would conclude that there was a real possibility of bias where the sheriff withdrew from the case on one occasion due to prior involvement but presided at a subsequent hearing on the same substantive issues, thus breaching Article 6(1) ECHR.

Court Disposition

Appeal allowed; order of 4 September 2003 recalled; no expenses due to or by either party; cause remitted to sheriff to proceed as accords.

Orders

  • Recall of order dated 4 September 2003
  • No expenses due to or by either party in respect of the appeal