ICL Plastics Ltd & Ors, Re Application Judicial Review [2005] ScotCS CSOH_35 (11 March 2005)

ICL Plastics Ltd & Ors, Re Application Judicial Review [2005] ScotCS CSOH_35 (11 March 2005)

The Court of Session does not have jurisdiction to review the Procurator Fiscal's decisions in the context of a criminal investigation where no criminal proceedings have been instituted; the deprivation of access to property is temporary, justified in the public interest, and proportionate; the respondent acted within her discretion and powers, and no compelling reason exists to interfere by judicial review.

Citation
[2005] ScotCS CSOH_35
Parties
Petitioners: ICL Plastics Limited and Others; Respondents: Scottish Executive (Procurator Fiscal)
Jurisdiction
Scotland
Judgment Date
11 March 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition dismissed
Legal Topics
Jurisdiction, Property Rights, Judicial Review, Common Law Powers, Human Rights Act, Article 1 Protocol No.1, Search and Seizure, Public Interest, Proportionality
Civil Procedure Criminal Procedure Human Rights Jurisdiction Property Rights Judicial Review Common Law Powers Human Rights Act +4 more

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Parties

ICL Plastics Limited and Others

Petitioners

Scottish Executive (Procurator Fiscal)

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Court of Session has jurisdiction to review decisions of the Procurator Fiscal in the context of a criminal investigation
  2. 2 Whether the Procurator Fiscal has common law power to exclude petitioners from their property and deny access without a warrant
  3. 3 Whether the denial of access violates property rights under common law and Article 1 of Protocol No.1

Ratio Decidendi

The Court of Session does not have jurisdiction to review the Procurator Fiscal's decisions in the context of a criminal investigation where no criminal proceedings have been instituted; the deprivation of access to property is temporary, justified in the public interest, and proportionate; the respondent acted within her discretion and powers, and no compelling reason exists to interfere by judicial review.

Court Disposition

Petition dismissed

Orders

  • Petition for judicial review refused
  • No declaratory or reduction orders granted