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

Bibi, Re 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 issue of delay, the Ministers did not fail to take into account relevant factors nor act irrationally in their determination. The...

Source-derived case information.

Citation
[2006] ScotCS CSOH_152
Parties
Petitioner: Ramzan Bibi; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
06 October 2006
Procedural Posture
Judicial Review / Opinion of the Outer House, Court of Session
Outcome
Determination reduced for breach of Article 6(1) ECHR; case put out By Order for further procedure.
Legal Topics
Judicial Review of Ministerial Determination, Listed Buildings and Conservation Areas, Recovery of Expenses for Emergency Works, Article 6 ECHR Right to Fair Hearing, Ultra Vires, Reasonableness of Administrative Action
Administrative Law Planning Law Human Rights Law Judicial Review of Ministerial Determination Listed Buildings and Conservation Areas Recovery of Expenses for Emergency Works Article 6 ECHR Right to Fair Hearing Ultra Vires +1 more

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Summary, issues, holding and outcome

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Parties

Ramzan Bibi

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Opinion of the Outer House, Court of Session

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 issue of delay, the Ministers did not fail to take into account relevant factors nor act irrationally in their determination. The determination is liable to reduction on the ground of breach of Article 6(1) ECHR.

Court Disposition

Determination reduced for breach of Article 6(1) ECHR; case put out By Order for further procedure.

Orders

  • Reduction of the determination dated 4 July 2003 for breach of Article 6(1) ECHR
  • Declarator of breach of Article 6(1) ECHR by the Scottish Ministers