Bibi, Re An Application For Judicial Review [2006] ScotCS CSOH_152 (06 October 2006)

Bibi, Re An Application For Judicial Review [2006] ScotCS CSOH_152 (06 October 2006)

There was a breach of Article 6(1) ECHR due to unreasonable delay by the Scottish Ministers in issuing their determination under section 50(5) of the 1997 Act. However, aside from the delay, the Ministers did not fail to consider relevant factors nor act irrationally in their determination.

Citation
[2006] CSOH 152 P1525
Parties
Petitioner: Ramzan Bibi; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
06 October 2006
Procedural Posture
Judicial Review / Opinion After First Hearing
Outcome
Case put out By Order for further procedure; breach of Article 6(1) ECHR found; no reduction of determination on other grounds.
Legal Topics
Judicial Review of Administrative Action, Listed Buildings and Conservation Areas, Recovery of Expenses, Article 6 ECHR Right to Fair Hearing, Ultra Vires, Reasonableness of Administrative Decisions
Administrative Law Planning Law Human Rights Judicial Review of Administrative Action Listed Buildings and Conservation Areas Recovery of Expenses Article 6 ECHR Right to Fair Hearing Ultra Vires +1 more

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Parties

Ramzan Bibi

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Opinion After First Hearing

Legal Issues

  1. 1 Whether the Scottish Ministers breached Article 6(1) ECHR by unreasonable delay in determination under section 50(5) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
  2. 2 Whether the Scottish Ministers failed to take into account relevant factors in their determination
  3. 3 Whether the Scottish Ministers acted irrationally in their determination

Ratio Decidendi

There was a breach of Article 6(1) ECHR due to unreasonable delay by the Scottish Ministers in issuing their determination under section 50(5) of the 1997 Act. However, aside from the delay, the Ministers did not fail to consider relevant factors nor act irrationally in their determination.

Court Disposition

Case put out By Order for further procedure; breach of Article 6(1) ECHR found; no reduction of determination on other grounds.

Orders

  • Case to be put out By Order for further hearing on further procedure.
  • Declarator that the Scottish Ministers acted in breach of Article 6(1) ECHR by unreasonable delay.