Gorman v. Aberdeen Trades Council Social Work Club & Ors [2005] ScotSC 67 (10 October 2005)

Gorman v. Aberdeen Trades Council Social Work Club & Ors [2005] ScotSC 67 (10 October 2005)

The pursuer's claim, though framed in contract, was in substance a request for judicial review of a quasi-judicial decision, which is not competent in the Sheriff Court but lies within the exclusive jurisdiction of the Court of Session.

Citation
[2005] ScotSC 67
Parties
Pursuer: John Gorman; Defenders: Aberdeen Trades Council Social Club and Others
Jurisdiction
Scotland
Judgment Date
10 October 2005
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Action dismissed as incompetent.
Legal Topics
Jurisdiction, Club Expulsion, Arbitration Clause, Supervisory Jurisdiction
Civil Procedure Judicial Review Contract Law Jurisdiction Club Expulsion Arbitration Clause Supervisory Jurisdiction

Case Brief

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Parties

John Gorman

Pursuer

Aberdeen Trades Council Social Club and Others

Defenders

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the action is properly one of contract or judicial review
  2. 2 Whether the Sheriff Court has jurisdiction to review the decision of a club's discipline committee

Ratio Decidendi

The pursuer's claim, though framed in contract, was in substance a request for judicial review of a quasi-judicial decision, which is not competent in the Sheriff Court but lies within the exclusive jurisdiction of the Court of Session.

Court Disposition

Action dismissed as incompetent.

Orders

  • Sustains the first plea-in-law for the defenders and dismisses the action as incompetent.
  • No expenses due to or by either party except as previously awarded.