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The Case Analysis Written Assignment for Stewart v Secretary of State for Scotland 1998 SLT 385
Pages 10 (2510 words)
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…
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. ...
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