Welsh v. Committee of the South Western Social and Recreation Club Ltd [2004] ScotCS 154 (25 June 2004)

Welsh v. Committee of the South Western Social and Recreation Club Ltd [2004] ScotCS 154 (25 June 2004)

The petition was incompetent because the proper respondent was the Club as a corporate body, not the Committee; an alternative remedy existed under section 60(7)(b)(ii) of the Industrial and Provident Societies Act 1965 (application to the Sheriff), which excluded judicial review; and, in any event, the petitioner failed to aver a sufficiently specific case of procedural unfairness or breach of natural justice. The petition was also barred by delay (mora, taciturnity and acquiescence).

Citation
[2004] ScotCS 154
Parties
Petitioner: Charles Welsh; Respondents: The Committee of the South Western Social and Recreation Club Limited
Jurisdiction
Scotland
Judgment Date
25 June 2004
Procedural Posture
Petition for Judicial Review / Outer House, Court of Session – Opinion on Competency, Relevancy, and Delay
Outcome
Petition dismissed as incompetent.
Legal Topics
Competency of Proceedings, Alternative Remedies, Natural Justice, Internal Disciplinary Procedures, Mora, Taciturnity and Acquiescence
Administrative Law Club/association Law Judicial Review Competency of Proceedings Alternative Remedies Natural Justice Internal Disciplinary Procedures Mora, Taciturnity and Acquiescence

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Parties

Charles Welsh

Petitioner

The Committee of the South Western Social and Recreation Club Limited

Respondents

Procedural Posture

Petition for Judicial Review / Outer House, Court of Session – Opinion on Competency, Relevancy, and Delay

Legal Issues

  1. 1 Whether the petition is competent against the Committee rather than the Club as a corporate body
  2. 2 Whether judicial review is excluded by the existence of alternative remedies under the Industrial and Provident Societies Act 1965
  3. 3 Whether the petitioner has averred a relevant case of procedural unfairness or breach of natural justice

Ratio Decidendi

The petition was incompetent because the proper respondent was the Club as a corporate body, not the Committee; an alternative remedy existed under section 60(7)(b)(ii) of the Industrial and Provident Societies Act 1965 (application to the Sheriff), which excluded judicial review; and, in any event, the petitioner failed to aver a sufficiently specific case of procedural unfairness or breach of natural justice. The petition was also barred by delay (mora, taciturnity and acquiescence).

Court Disposition

Petition dismissed as incompetent.

Orders

  • Petitioner's first to fourth pleas-in-law repelled.
  • Respondents' first, second, third and fifth pleas-in-law sustained.