BEGGS v THE SCOTTISH MINISTERS [2017] ScotCS CSIH_62 (11 October 2017)

BEGGS v THE SCOTTISH MINISTERS [2017] ScotCS CSIH_62 (11 October 2017)

It is not competent for the court to exercise powers under Rule of Court 38.10 to allow a late appeal where the statutory 7-day time limit in section 27D(2) of the Court of Session Act 1988 has expired. The rules cannot override the statutory time limit.

Citation
[2017] ScotCS CSIH_62
Parties
Petitioner: William Frederick Ian Beggs; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
11 October 2017
Procedural Posture
Judicial Review / Motion to Allow Late Appeal (reclaiming Motion) After Refusal of Permission to Proceed on Certain Grounds
Outcome
Motion refused; Reclaiming Motion refused as incompetent.
Legal Topics
Judicial Review, Time Limits, Appeals, Court Procedure
Administrative Law Civil Procedure Judicial Review Time Limits Appeals Court Procedure

Case Brief

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Parties

William Frederick Ian Beggs

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Motion to Allow Late Appeal (reclaiming Motion) After Refusal of Permission to Proceed on Certain Grounds

Legal Issues

  1. 1 Whether the court has discretion to allow a late appeal (Reclaiming Motion) under Rule of Court 38.10 in the context of the statutory 7-day time limit in section 27D(2) of the Court of Session Act 1988

Ratio Decidendi

It is not competent for the court to exercise powers under Rule of Court 38.10 to allow a late appeal where the statutory 7-day time limit in section 27D(2) of the Court of Session Act 1988 has expired. The rules cannot override the statutory time limit.

Court Disposition

Motion refused; Reclaiming Motion refused as incompetent.

Orders

  • Refusal of motion to allow late appeal (Reclaiming Motion)
  • Refusal of Reclaiming Motion as incompetent under Rule of Court 38.12(7)(a)