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Clancy v Caird

16 May 2000
The issues

Court of Session Inner House Human Rights- Temporary Judges – Civil Disputes

The facts

The Claimant claimed under Article 6 of the European Convention in that everyone is “entitled to a fair hearing by an independent and partial tribunal”. His claim was heard by a temporary Judge. His appointment was terminable at will. The Claimant relied on Starrs v Procurator Fiscal in which the Inner House had held that a temporary Judge was not independent or impartial for the purpose of Article 6/1.

The decision

However, unlike Starrs which concerns a temporary Sheriff, there was no express power to remove a temporary Judge. His appointment was terminable in the same way as any other Crown Servant. A temporary Judge is unlike temporary Sheriffs who are appointed for longer periods and are not subject to removal during those periods. They undertook a relatively small part of the work of the Court of Session and of a limited range. Their use could not reasonably be regarded as giving rise to a perception of undue Crown influence over the Court.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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