Stewart v Secretary of State for Scotland: IHCS 1996

The House considered the test of unfitness of a Sherriff: ‘. . what has to be shown is that he is not really capable of performing the proper function of a judge at all.’
Lord Coulsfield
1996 SLT 1203
Citing:

  • Appealed to – Stewart v Secretary of State for Scotland (Scotland) HL 22-Jan-1998
    The dismissal of a Scottish Sheriff ‘for inability’ is not limited in meaning to either mental or physical infirmity, but can also include simple incompetence. The fact that the inquiry into the sherriff’s unfitness was conducted in private was not . .
    Times 28-Jan-98, [1998] UKHL 3, 1998 SC (HL) 81

Cited by:

  • Appeal from – Stewart v Secretary of State for Scotland (Scotland) HL 22-Jan-1998
    The dismissal of a Scottish Sheriff ‘for inability’ is not limited in meaning to either mental or physical infirmity, but can also include simple incompetence. The fact that the inquiry into the sherriff’s unfitness was conducted in private was not . .
    Times 28-Jan-98, [1998] UKHL 3, 1998 SC (HL) 81
  • Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
    (Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
    [2005] UKPC 12, Times 20-Apr-05, [2005] 2 WLR 1307, [2005] 2 AC 513

These lists may be incomplete.
Updated: 10 December 2020; Ref: scu.223951