X FOR JUDICIAL REVIEW OF AN UNDATED DECISION OF THE TRIBUNAL [2022] ScotCS CSOH_15 (08 February 2022)

X FOR JUDICIAL REVIEW OF AN UNDATED DECISION OF THE TRIBUNAL [2022] ScotCS CSOH_15 (08 February 2022)

The tribunal's decision was reached without knowledge of potentially material evidence (the statements of C1 and C2), which could have affected the assessment of credibility and the outcome. This omission constituted a breach of natural justice and procedural fairness, warranting the quashing of the tribunal's decision.

Citation
[2022] ScotCS CSOH_15
Parties
Petitioner: X; First Interested Party: Sheriff John Albert Brown; Second Interested Party: The Scottish Courts & Tribunals Service; Fourth Interested Party: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
08 February 2022
Procedural Posture
Judicial Review / Opinion on Petition to Quash Tribunal Decision
Outcome
Tribunal decision quashed
Legal Topics
Judicial Review of Tribunal Decision, Procedural Fairness, Natural Justice, Disciplinary Proceedings Against Judges
Administrative Law Judicial Discipline Natural Justice Judicial Review of Tribunal Decision Procedural Fairness Disciplinary Proceedings Against Judges

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Parties

X

Petitioner

Sheriff John Albert Brown

First Interested Party

The Scottish Courts & Tribunals Service

Second Interested Party

The Lord Advocate

Fourth Interested Party

Procedural Posture

Judicial Review / Opinion on Petition to Quash Tribunal Decision

Legal Issues

  1. 1 Whether failure to provide potentially material evidence to the tribunal breached natural justice
  2. 2 Whether the tribunal's decision should be quashed due to procedural unfairness

Ratio Decidendi

The tribunal's decision was reached without knowledge of potentially material evidence (the statements of C1 and C2), which could have affected the assessment of credibility and the outcome. This omission constituted a breach of natural justice and procedural fairness, warranting the quashing of the tribunal's decision.

Court Disposition

Tribunal decision quashed

Orders

  • The decision of the tribunal is quashed.