DESMOND DINNELL (AP) AGAINST THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2015] ScotCS CSIH_7 (20 January 2015)

DESMOND DINNELL (AP) AGAINST THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2015] ScotCS CSIH_7 (20 January 2015)

The Scottish Ministers' decision letters refusing ex gratia compensation failed to provide adequate, rational, and intelligible reasons, did not properly consider the exceptional length of the appeal process and its consequences, and thus amounted to irrational and unreasonable decision-making. The Lord Ordinary was entitled to reduce the decisions and order reconsideration.

Citation
[2015] ScotCS CSIH_7
Parties
Petitioner and Respondent: Desmond Dinnell (AP); Respondents and Reclaimers: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
20 January 2015
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) Against Interlocutor of Lord Ordinary
Outcome
Reclaiming motion refused; interlocutor of Lord Ordinary adhered to; decisions refusing compensation reduced; application for compensation to be reconsidered.
Legal Topics
Judicial Review of Administrative Decisions, Compensation for Wrongful Conviction, Ex Gratia Compensation Schemes, Ministerial Discretion, Rationality and Fairness in Decision Making
Administrative Law Criminal Law Human Rights Judicial Review of Administrative Decisions Compensation for Wrongful Conviction Ex Gratia Compensation Schemes Ministerial Discretion Rationality and Fairness in Decision Making

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Parties

Desmond Dinnell (AP)

Petitioner and Respondent

The Scottish Ministers

Respondents and Reclaimers

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) Against Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether the Scottish Ministers' refusal of ex gratia compensation was irrational or unreasonable
  2. 2 Whether the decision letters demonstrated adequate reasoning and consideration of relevant factors
  3. 3 Whether the length of the appeal process and its consequences constituted 'exceptional circumstances' justifying compensation

Ratio Decidendi

The Scottish Ministers' decision letters refusing ex gratia compensation failed to provide adequate, rational, and intelligible reasons, did not properly consider the exceptional length of the appeal process and its consequences, and thus amounted to irrational and unreasonable decision-making. The Lord Ordinary was entitled to reduce the decisions and order reconsideration.

Court Disposition

Reclaiming motion refused; interlocutor of Lord Ordinary adhered to; decisions refusing compensation reduced; application for compensation to be reconsidered.

Orders

  • Refusal of reclaiming motion by the Scottish Ministers
  • Adherence to the Lord Ordinary's interlocutor