Forbes v Strathclyde Partnership for Transport & Anor [2014] ScotCS CSIH_33 (09 April 2014)

Forbes v Strathclyde Partnership for Transport & Anor [2014] ScotCS CSIH_33 (09 April 2014)

The application for leave to appeal was refused because the decision under challenge was incidental and procedural, related only to the extent of disclosure of documents relevant to expenses, and did not raise any arguable point of law or issue of general public importance. The applicant had been given access to all relevant material, and the process followed was consistent with Scots law and practice. No breach of Article 6 ECHR was established.

Citation
[2014] ScotCS CSIH_33
Parties
Pursuer and Reclaimer / Applicant: William Forbes; First Defender and Respondent: Strathclyde Partnership for Transport; Second Defender and Respondent: Transport Scotland
Jurisdiction
Scotland
Judgment Date
09 April 2014
Procedural Posture
Application for Leave to Appeal (procedural/interlocutory) / Application for Leave to Appeal to UK Supreme Court From Interlocutory Judgment
Outcome
Application for leave to appeal refused
Legal Topics
Disclosure of Documents, Expenses (costs), Article 6 ECHR (fair Trial), Appeal Competence, Confidentiality in Litigation
Civil Procedure Human Rights Disclosure of Documents Expenses (costs) Article 6 ECHR (fair Trial) Appeal Competence Confidentiality in Litigation

Case Brief

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Parties

William Forbes

Pursuer and Reclaimer / Applicant

Strathclyde Partnership for Transport

First Defender and Respondent

Transport Scotland

Second Defender and Respondent

Procedural Posture

Application for Leave to Appeal (procedural/interlocutory) / Application for Leave to Appeal to UK Supreme Court From Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal to the UK Supreme Court should be granted from an interlocutory order limiting disclosure of documents relevant to expenses
  2. 2 Whether refusal to disclose full documents to applicant violates Article 6 ECHR (right to fair trial)
  3. 3 Whether the appeal concerns a 'question of expenses only' and is thus incompetent

Ratio Decidendi

The application for leave to appeal was refused because the decision under challenge was incidental and procedural, related only to the extent of disclosure of documents relevant to expenses, and did not raise any arguable point of law or issue of general public importance. The applicant had been given access to all relevant material, and the process followed was consistent with Scots law and practice. No breach of Article 6 ECHR was established.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal to the UK Supreme Court refused
  • Applicant may apply directly to the UK Supreme Court