JOHN HALLEY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS [2022] ScotCS CSOH_81 (09 November 2022)

JOHN HALLEY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS [2022] ScotCS CSOH_81 (09 November 2022)

Scottish Ministers are obliged, as a matter of fairness and legitimate expectation, to fund petitioner's legal representation before the Tribunal as per Tribunal's letter, but are not obliged under section 23(6), EU law, ECHR, or common law to fund legal expenses for judicial review proceedings. The denial of funding for judicial review does not undermine the core right of access to court, given petitioner's legal qualifications, access to legal advice, and the nature of proceedings. No breach of EU law, ECHR, or common law is established.

Citation
[2022] ScotCS CSOH_81
Parties
Petitioner: John Halley; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
09 November 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition refused except as regards funding for Tribunal representation; order to be made reflecting respondents' concession to pay Tribunal expenses.
Legal Topics
Funding of Legal Representation, Judicial Review, Access to Justice, Legitimate Expectation, EU Law Effectiveness, Article 6 ECHR, Article 47 EU Charter
Administrative Law Judicial Discipline Human Rights Funding of Legal Representation Judicial Review Access to Justice Legitimate Expectation EU Law Effectiveness +2 more

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Parties

John Halley

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Scottish Ministers are obliged to fund petitioner's legal representation before Tribunal and in judicial review proceedings under section 23(6) of the Courts Reform (Scotland) Act 2014
  2. 2 Whether refusal to fund judicial review proceedings breaches EU law, ECHR, or common law rights to access to justice
  3. 3 Whether legitimate expectation arises from Tribunal's letter regarding funding

Ratio Decidendi

Scottish Ministers are obliged, as a matter of fairness and legitimate expectation, to fund petitioner's legal representation before the Tribunal as per Tribunal's letter, but are not obliged under section 23(6), EU law, ECHR, or common law to fund legal expenses for judicial review proceedings. The denial of funding for judicial review does not undermine the core right of access to court, given petitioner's legal qualifications, access to legal advice, and the nature of proceedings. No breach of EU law, ECHR, or common law is established.

Court Disposition

Petition refused except as regards funding for Tribunal representation; order to be made reflecting respondents' concession to pay Tribunal expenses.

Orders

  • Respondents ordered to pay petitioner's legal representation expenses before the Tribunal as per Tribunal's letter.
  • No order for respondents to pay expenses for judicial review proceedings.