County Properties Ltd v Scottish Ministers For Judicial Review [2001] ScotCS 206 (16 August 2001)

County Properties Ltd v Scottish Ministers For Judicial Review [2001] ScotCS 206 (16 August 2001)

The Scottish Ministers' decision to determine the application for listed building consent and the appointment of the Reporter are not inevitably incompatible with Article 6(1) ECHR, as the powers of the court to review justiciable issues arising in the administrative procedures are sufficient to ensure compatibility. The case is not distinguishable in principle from the Alconbury appeals, and the Lord Ordinary's interlocutor was unsound.

Citation
[2001] ScotCS 206
Parties
Petitioners and Respondents: County Properties Limited; Respondents and Reclaimers: The Scottish Ministers; Intervener: Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
16 August 2001
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
Petition dismissed; Lord Ordinary's interlocutor recalled.
Legal Topics
Article 6 ECHR Right to Fair Hearing, Listed Building Consent, Independence and Impartiality of Tribunal, Judicial Review of Administrative Decisions
Administrative Law Human Rights Law Planning Law Article 6 ECHR Right to Fair Hearing Listed Building Consent Independence and Impartiality of Tribunal Judicial Review of Administrative Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

County Properties Limited

Petitioners and Respondents

The Scottish Ministers

Respondents and Reclaimers

Advocate General for Scotland

Intervener

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does the process for determining listed building consent by Scottish Ministers and appointed Reporter comply with Article 6(1) ECHR?
  2. 2 Is the lack of independence and impartiality of the Scottish Ministers and Reporter remedied by judicial review or appeal?
  3. 3 Are the procedures distinguishable from those considered in Alconbury appeals?

Ratio Decidendi

The Scottish Ministers' decision to determine the application for listed building consent and the appointment of the Reporter are not inevitably incompatible with Article 6(1) ECHR, as the powers of the court to review justiciable issues arising in the administrative procedures are sufficient to ensure compatibility. The case is not distinguishable in principle from the Alconbury appeals, and the Lord Ordinary's interlocutor was unsound.

Court Disposition

Petition dismissed; Lord Ordinary's interlocutor recalled.

Orders

  • Recall of Lord Ordinary's interlocutor of 25 July 2000
  • Dismissal of petition