PETITION REVEREND DR WILLIAM JU PHILIP AND OTHERS AGAINST THE SCOTTISH MINISTERS AND OTHERS [2021] ScotCS CSOH_52 (19 May 2021)

PETITION REVEREND DR WILLIAM JU PHILIP AND OTHERS AGAINST THE SCOTTISH MINISTERS AND OTHERS [2021] ScotCS CSOH_52 (19 May 2021)

It was reasonable and proportionate to instruct Dr Blenkharn as a skilled person given the issues at the time, and the proceedings justified an additional charge of 50% due to the importance and complexity of the case, the skill and responsibility required, and the urgency of the proceedings.

Citation
[2021] ScotCS CSOH_52
Parties
Petitioners: Reverend Dr William J U Philip and Others; Respondents: The Scottish Ministers and Others
Jurisdiction
Scotland
Judgment Date
19 May 2021
Procedural Posture
Petition for Judicial Review / Post Judgment Motion for Expenses and Certification of Skilled Persons
Outcome
Petitioners' motion granted in part.
Legal Topics
Expenses (costs), Certification of Skilled Persons, Additional Charges, Judicial Review Procedure
Civil Procedure Judicial Review Constitutional Law Expenses (costs) Certification of Skilled Persons Additional Charges Judicial Review Procedure

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Parties

Reverend Dr William J U Philip and Others

Petitioners

The Scottish Ministers and Others

Respondents

Procedural Posture

Petition for Judicial Review / Post Judgment Motion for Expenses and Certification of Skilled Persons

Legal Issues

  1. 1 Whether Dr Ian Blenkharn should be certified as a skilled person under rule 5.3
  2. 2 Whether a 100% increase in charges (additional fee) should be allowed under rule 5.2
  3. 3 Whether the court or the Auditor should determine the level of any additional charge

Ratio Decidendi

It was reasonable and proportionate to instruct Dr Blenkharn as a skilled person given the issues at the time, and the proceedings justified an additional charge of 50% due to the importance and complexity of the case, the skill and responsibility required, and the urgency of the proceedings.

Court Disposition

Petitioners' motion granted in part.

Orders

  • Expenses awarded against respondents and first interested party.
  • Dr Martin Parsons and Dr Ian Blenkharn certified as skilled persons.