Scottish Court of Session Decisions

Lord Kinloch stated that the advocator, Mr Campbell of Boreland, was his nephew by affinity, being the son of his wife's sister, but that, after the recent decision in regard to the declinator of the Lord President in the case of Gordon v. Gordon's Trustees, he did not suppose that this relationship would be sufficient to entitle him to decline. But there was another party to this case—namely, General Campbell, who was mandatory for the advocator. He was his Lordship's brother-in-law, being his wife's brother. This relationship, his Lordship continued, was a clear disqualification, for it was decided in the case of Ommaney v. Smith, 13th February 1851, 13 D. 678, not only that a mandatory's brother-in-law could not act as judge, but also that procedure which had taken place for seven years, the judge being so related, fell to be quashed. He therefore declined to judge in this case.

The Lord President said that as there was one good ground for sustaining Lord Kinloch's declinator, as settled by the case of Ommaney, it was unnecessary to say anything as to the other. He thought they must sustain the declinator.

The other Judges concurred.