FOR PERMISSION TO APPEAL TO THE UNITED KINGDOM SUPREME COURT BY CHARLES O'NEILL AND WILLIAM LAUCHLAN AGAINST THE SCOTTISH MINISTERS [2022] ScotCS CSIH_13 (09 March 2022)

FOR PERMISSION TO APPEAL TO THE UNITED KINGDOM SUPREME COURT BY CHARLES O'NEILL AND WILLIAM LAUCHLAN AGAINST THE SCOTTISH MINISTERS [2022] ScotCS CSIH_13 (09 March 2022)

The grounds of appeal advanced were either not previously argued, contradicted the applicants' earlier position, or were not arguable. Section 27A of the Court of Session Act 1988 applies as the relevant time-bar, and there is no conflict with section 100(3B) of the Scotland Act 1998. No arguable point of law of general public importance was raised.

Citation
[2022] ScotCS CSIH_13
Parties
Petitioner and Applicant: Charles O'Neill; Petitioner and Applicant: William Lauchlan; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
09 March 2022
Procedural Posture
Application for Permission to Appeal / Application for Leave to Appeal to the UK Supreme Court After Dismissal of Reclaiming Motion in Inner House
Outcome
Permission to appeal refused
Legal Topics
Judicial Review, Time Bar, Statutory Interpretation, Access to Courts
Administrative Law Prison Law Human Rights Judicial Review Time Bar Statutory Interpretation Access to Courts

Case Brief

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Parties

Charles O'Neill

Petitioner and Applicant

William Lauchlan

Petitioner and Applicant

The Scottish Ministers

Respondents

Procedural Posture

Application for Permission to Appeal / Application for Leave to Appeal to the UK Supreme Court After Dismissal of Reclaiming Motion in Inner House

Legal Issues

  1. 1 Whether the time-bar under section 27A of the Court of Session Act 1988 or section 100(3A)/(3B) of the Scotland Act 1998 applies to judicial review of prison authority decisions
  2. 2 Whether the petition was time-barred
  3. 3 Whether it was equitable to allow the petition to proceed out of time

Ratio Decidendi

The grounds of appeal advanced were either not previously argued, contradicted the applicants' earlier position, or were not arguable. Section 27A of the Court of Session Act 1988 applies as the relevant time-bar, and there is no conflict with section 100(3B) of the Scotland Act 1998. No arguable point of law of general public importance was raised.

Court Disposition

Permission to appeal refused

Orders

  • Application for leave to appeal to the UK Supreme Court refused