Robbie The Pict v. Miller Buidheann Ltd, [2005] ScotSC 28 (13 May 2005)

Robbie The Pict v. Miller Buidheann Ltd, [2005] ScotSC 28 (13 May 2005)

Given the pursuer's objection based on the fact that both the sheriff and sheriff principal are members of the Speculative Society, and that other individuals involved in the Skye Bridge toll regime are also members, the sheriff principal determined that he should recuse himself to allow the objection to be considered by a judge who is not a member of the Society. The matter is to be remitted to another sheriff for determination of the motion that Sheriff Pollock should decline jurisdiction.

Citation
[2005] ScotSC 28
Parties
Pursuer: Robbie The Pict; Defenders: Miller Buidheann Limited
Jurisdiction
Scotland
Judgment Date
13 May 2005
Procedural Posture
Civil (small Claim, Then Ordinary Cause) / Interlocutory Decision on Judicial Recusal/remit
Outcome
Sheriff principal recused himself; matter remitted to another sheriff not a member of the Speculative Society.
Legal Topics
Recusal of Judges, Perceived Bias, Human Rights (article 6 Echr), Small Claims Procedure, Speculative Society and Judicial Impartiality
Civil Procedure Judicial Ethics Recusal of Judges Perceived Bias Human Rights (article 6 Echr) Small Claims Procedure Speculative Society and Judicial Impartiality

Case Brief

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Parties

Robbie The Pict

Pursuer

Miller Buidheann Limited

Defenders

Procedural Posture

Civil (small Claim, Then Ordinary Cause) / Interlocutory Decision on Judicial Recusal/remit

Legal Issues

  1. 1 Whether membership of the Speculative Society by the presiding sheriff or sheriff principal gives rise to a reasonable suspicion of bias requiring recusal
  2. 2 Whether prior professional association with parties involved in the subject matter creates an appearance of partiality
  3. 3 Whether the sheriff principal should recuse himself and remit the matter to a non-member judge

Ratio Decidendi

Given the pursuer's objection based on the fact that both the sheriff and sheriff principal are members of the Speculative Society, and that other individuals involved in the Skye Bridge toll regime are also members, the sheriff principal determined that he should recuse himself to allow the objection to be considered by a judge who is not a member of the Society. The matter is to be remitted to another sheriff for determination of the motion that Sheriff Pollock should decline jurisdiction.

Court Disposition

Sheriff principal recused himself; matter remitted to another sheriff not a member of the Speculative Society.

Orders

  • Remits the cause to a sheriff of the sheriffdom who is not a member of the Speculative Society to hear and determine the pursuer's motion that Sheriff Pollock should decline jurisdiction.