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The Case Analysis Written Assignment for Stewart v Secretary of State for Scotland 1998 SLT 385 - Essay Example

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The Case Analysis Written Assignment for Stewart v Secretary of State for Scotland 1998 SLT 385

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 were 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 behavioural 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 misbehaviour” 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Sheriff Courts (Scotland) Act 1838 repealed this provision in particular by letting the sheriffs continue even after the death of the appointing officer.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 annuity provided that they completed a minimum of ten years. In the same length the same law also provided for instances where the sheriff were 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 misbehaviour 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 the Lord Chancellor of a county court judge. Section 38 of the Sheriff Courts (Scotland) Act 1853 empowered the Treasury to grant 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 misbehaviour unfit for his office’. The evolution of the inclusion of the word “inability” progressed to Section 13 of the Sheriff Courts (Scotland) Act 1907 that made provisions for the removal of sheriffs principal ‘by reasons of inability, neglect of duty, or misbehaviour unfit for his office’ while that of sheriff ‘for inability or misbehaviour’. Following the logic of the appellant with regards to the accruing meaning and ...Show more

Summary

Case Analysis stewart v Secretary of State for Scotland 1998 SLT 385 Appellant’s Argument Appellant’s argument focused on his assertion that the Senior Judges misinterpreted the word “inability” and that the conduct of the administrative inquiry against him was marred by procedural impropriety…
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The Case Analysis Written Assignment for Stewart v Secretary of State for Scotland 1998 SLT 385 essay example
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