StudentShare solutions
Triangle menu
  • Home
  • Subjects
  • Law
  • Stewart v Secretary of State for Scotland 1998 Appellant's Argument

Stewart v Secretary of State for Scotland 1998 Appellant's Argument - Essay Example

Extract of sample
Stewart v Secretary of State for Scotland 1998 Appellant's Argument

Appellant contends that the narrower interpretation of the word “inability” is “supported by earlier legislation inasmuch as it produced a comprehensive code for sheriffs principal who demitted or was removed from office because of physical or mental infirmity”. He further asserts that if the wider interpretation is to accrue “an anomalous result would be reached”. He clarified that the word “inability” is not intended to mean “unfit for duty due to behavioral infirmity” as used in his case but to describe the natural consequence of not being able to perform a sheriff’s duty due to health reasons or disability. Appellant likewise assert that the Lord President and the Lord Justice Clerk erred and committed procedural lapses in their investigation. He asserts that he was not properly informed of the actual charges against him and that the charge was “inability” rather “than misbehavior” or “defect in character”. He further contends that he was not given the opportunity to face and respond to the allegation of the Lord President and the Lord Justice Clerk’s sources. ...
Sheriff Courts (Scotland) Act 1838 repealed this provision in particular by letting the sheriffs continue even after the death of the appointing officer. Under the then new law, the Sheriff has been made eligible to receive an annuity provided that they completed a minimum of ten years. In the same length, the same law also provided for instances where the sheriff was removed from office due to old age or permanent infirmity that disabled them to exercise the demands of their office. In Section 5 of the Sheriff Courts (Scotland) Act 1877 the word “inability” was first mentioned. The provision of this law provided “that no sheriff should be removed except by a Secretary of State for inability or misbehavior upon a report of the Senior Judges”. Consequently, “Inability or Misbehaviour” was used in section 18 of the Small Debts Act 1846 in relation to the removal by Lord Chancellor of a county court judge. Section 38 of the Sheriff Courts (Scotland) Act 1853 empowered the Treasury to grant an annuity to a sheriff principal in circumstances where annuity could have been paid to a sheriff under the Act of 1838. Then in section 1 of the Sheriffs Tenure of Office (Scotland), Act 1898 empowered the Secretary of State on a report by the senior judges to remove sheriff principal who was by reason of ‘inability or misbehavior unfit for his office’. ...Show more


The intention o this writing "Stewart v Secretary of State for Scotland 1998 Appellant's Argument" is to examine the courtroom process of a particular case study. Specifically, the writer of this essay will focus on the critiquing the arguments presented by appellant…
Author : eichmannmozell
Stewart v Secretary of State for Scotland 1998 Appellants Argument essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Stewart v Secretary of State for Scotland 1998 Appellant's Argument"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Commonwealth v. Louise Woodward, 427 Mass. 659 (1998)
Louise Woodward who was Mathew’s caregiver since 1996 was arrested and charged with the murder of the child. In the trial at the Middlesex County Court, she was indicted of murder by a grand jury and was remanded with no bail. In the giving of their indictment against Woodward, the jury took into account the fact that the child had been left in her care from the early hours of 4th February upon the departure of his mother for work until he was taken ill.
3 pages (750 words) Essay
Who was the best secretary of state and why
Who was the best secretary of state and why. America was blessed with the services of eminent and capable personalities as the secretary of state for the last few centuries. The challenges faced by these secretaries of states were of different kinds and most of them demonstrated their capabilities when they faced challenging situations.
3 pages (750 words) Research Paper
Secretary of State for Defence
Despite the responsibility for ultimately all components of Defence, the Secretary of State for Defence is backed by the Under-Secretary of State for Defence, the Minister of State for Defence Procurement, and the Minister of State for the Armed Forces. The Secretary of State for Defence allocates duties to them for specific components of the Armed Forces and the MoD's issues.
4 pages (1000 words) Essay
Tort Law write a case note on 'Watkins v Secretary of State for the Home Department and others 2004 4 All ER 1158
The facts are set out in the judgment of Brooke LJ. Mr. Watkins is a serving life prisoner. He complained of actions by prison officers between 1 May 1998 and 5 December 2000. He was detained at the Wakefield Prison for the first part of his sentence and by September 1999 he was moved to Frankland Prison.
12 pages (3000 words) Essay
Follow the Leader Case Study (On Colin L. Powell (Former Secretary of State))
He took the right decisions at the right time in the light of the changing situations and America facing serious criticism about the war on terror. He handled his job really well and his success story can well be termed as one of the most inspirational stories of today.
8 pages (2000 words) Essay
FP (Iran) V. Secretary of State for the Home Department
With the advent of civilisation and the law making process, it has been the endeavour of man to ensure that Rule of Law prevails in all decisions made in disputes. Judges have accepted time and again that just as everybody has certain rights that are subject to prevailing laws
6 pages (1500 words) Case Study
Tort Law: write a case note on 'Watkins v Secretary of State for the Home Department and others [2004] 4 All ER 1158
eeds County Court on 15 July 2003 dismissing his claim for damages for misfeasance in public office brought against the Secretary of State for the Home Department, Prison Officers Ravenscroft, Rosevere and Robinson, and eleven other prison officers. The facts are set out in the
12 pages (3000 words) Essay
Part 1- To what extent can laws adequately combat terrorism Part 2- With refernce to the case of A(FC) V The Secretary of state for the Home Department [2004]
This ‘Framework Decision’ has many procedures like sanctions, extradition, information exchange, penalties and arrests. Article 3
16 pages (4000 words) Essay
United States v. Martha Stewart
The Securities and Exchange Commission, the FBI, and the United States Attorney's Office for the Southern District of New York started investigations in January 2002. On February 4, 2002, Martha Stewart took an interview at the office of the United States Attorney and on April 10, 2002 by telephone.
4 pages (1000 words) Case Study
Secretary of State Alexander Hamilton
The concept increased the quantity of money in circulation as lenders would benefit from interests and borrowers would easily access credit in a proportioned manner. Thus, Hamilton created a system that
1 pages (250 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (1)
Click to create a comment
avafeeney added comment 22 days ago
Student rated this paper as
Finally I've found a good analysis of the Case Stewart v Secretary of State for Scotland!
Let us find you another Essay on topic Stewart v Secretary of State for Scotland 1998 Appellant's Argument for FREE!
Contact us:
Contact Us Now
  • About StudentShare

  • Testimonials

  • FAQ

  • Blog

  • Free Essays
  • New Essays
  • Essays

  • The Newest Essay Topics
Join us:
Contact Us