Whaley & Ors v Lord Watson Of Invergowrie & Ors [2000] ScotCS 41 (16 February 2000)

Whaley & Ors v Lord Watson Of Invergowrie & Ors [2000] ScotCS 41 (16 February 2000)

The Members' Interests Order 1999 does not confer a civil right on members of the public to prevent a threatened breach of Article 6 by interdict; enforcement is by retrospective sanction or prosecution. Section 40(4) does not bar interdict in this case, but the petitioners lack title and interest to seek interdict, and the balance of convenience does not favour interim interdict. The Lord Ordinary erred in dismissing the petition outright; the proper course is to refuse interim interdict but not to dismiss the petition at this stage.

Citation
[2000] ScotCS 41
Parties
Petitioner and Reclaimer: Jeremy Hagan Whaley; Petitioner and Reclaimer: Trevor Adams; Petitioner and Reclaimer: Julia Margaret Furness; First Respondent: Lord Watson of Invergowrie; Second Respondent: The Scottish Parliamentary Corporate Body
Jurisdiction
Scotland
Judgment Date
16 February 2000
Procedural Posture
Petition for Interdict (injunction) / Reclaiming Motion (appeal) Against Refusal of Interim Interdict and Dismissal of Petition
Outcome
Interim interdict refused; Lord Ordinary's dismissal of the petition recalled; petition not dismissed outright.
Legal Topics
Members' Interests, Parliamentary Procedure, Judicial Review, Standing/title to Sue, Remedies Against Parliament, Statutory Interpretation
Constitutional Law Administrative Law Parliamentary Law Members' Interests Parliamentary Procedure Judicial Review Standing/title to Sue Remedies Against Parliament +1 more

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Parties

Jeremy Hagan Whaley

Petitioner and Reclaimer

Trevor Adams

Petitioner and Reclaimer

Julia Margaret Furness

Petitioner and Reclaimer

Lord Watson of Invergowrie

First Respondent

The Scottish Parliamentary Corporate Body

Second Respondent

Procedural Posture

Petition for Interdict (injunction) / Reclaiming Motion (appeal) Against Refusal of Interim Interdict and Dismissal of Petition

Legal Issues

  1. 1 Whether the court can grant interdict against a member of the Scottish Parliament to prevent a breach of Article 6 of the Members' Interests Order 1999
  2. 2 Whether members of the public have title and interest to seek such interdict
  3. 3 Whether Section 40(3) and (4) of the Scotland Act 1998 bars such relief

Ratio Decidendi

The Members' Interests Order 1999 does not confer a civil right on members of the public to prevent a threatened breach of Article 6 by interdict; enforcement is by retrospective sanction or prosecution. Section 40(4) does not bar interdict in this case, but the petitioners lack title and interest to seek interdict, and the balance of convenience does not favour interim interdict. The Lord Ordinary erred in dismissing the petition outright; the proper course is to refuse interim interdict but not to dismiss the petition at this stage.

Court Disposition

Interim interdict refused; Lord Ordinary's dismissal of the petition recalled; petition not dismissed outright.

Orders

  • Refusal of interim interdict against Lord Watson of Invergowrie
  • Recall of Lord Ordinary's interlocutor dismissing the petition