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

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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…
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Stewart v Secretary of State for Scotland 1998 Appellants Argument
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Download file to see previous pages 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Sheriff Courts (Scotland) Act 1838 repealed this provision in particular by letting the sheriffs continue even after the death of the appointing officer.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’. ...Download file to see next pagesRead More
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