Free Church Of Scotland v. Macrae And Others [1905] ScotLR 42_632 (26 May 1905)

Free Church Of Scotland v. Macrae And Others [1905] ScotLR 42_632 (26 May 1905)

The Court sustained Lord Johnston's declinature on the basis that his prior involvement as counsel for the Free Church of Scotland in a series of related litigations could give rise to a perception of partiality, and remitted the case to another Lord Ordinary in accordance with the statutory provisions.

Citation
[1905] ScotLR 42_632
Parties
Complainer: Free Church of Scotland; Respondent: Macrae and Others
Jurisdiction
Scotland
Judgment Date
26 May 1905
Procedural Posture
Note of Suspension and Interdict / Bill Chamber Hearing; Declinature of Lord Ordinary; Remitted to Another Lord Ordinary
Outcome
Declinature sustained; cause remitted to another Lord Ordinary for disposal.
Legal Topics
Declinature of Judge, Judicial Impartiality, Court of Session Act 1821
Judicial Administration Declinature of Judge Judicial Impartiality Court of Session Act 1821

Case Brief

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Parties

Free Church of Scotland

Complainer

Macrae and Others

Respondent

Procedural Posture

Note of Suspension and Interdict / Bill Chamber Hearing; Declinature of Lord Ordinary; Remitted to Another Lord Ordinary

Legal Issues

  1. 1 Whether Lord Johnston should decline to act as Lord Ordinary due to prior involvement as counsel for one party in related litigations

Ratio Decidendi

The Court sustained Lord Johnston's declinature on the basis that his prior involvement as counsel for the Free Church of Scotland in a series of related litigations could give rise to a perception of partiality, and remitted the case to another Lord Ordinary in accordance with the statutory provisions.

Court Disposition

Declinature sustained; cause remitted to another Lord Ordinary for disposal.

Orders

  • Remit the present note of suspension and interdict to Lord Pearson, Ordinary, for disposal.
  • Authorise the Clerk of the Bills to lay the process before Lord Pearson and to act as Clerk of Court before him during its discussion and advising.