Gordon To Be Nobile Officium [2015] ScotCS CSIH_51 (03 July 2015)

Gordon To Be Nobile Officium [2015] ScotCS CSIH_51 (03 July 2015)

The petition is incompetent because the nobile officium cannot be used to review decisions of the High Court of Justiciary or administrative decisions of the SCCRC, and alternative remedies were available to the petitioner.

Citation
[2015] ScotCS CSIH_51
Parties
Petitioner: Graham Gordon
Jurisdiction
Scotland
Judgment Date
03 July 2015
Procedural Posture
Petition to the Nobile Officium / Motion for First Orders
Outcome
Petition dismissed as incompetent; motion for first orders refused.
Legal Topics
Nobile Officium Jurisdiction, Competency of Petitions, Review of SCCRC Decisions, Alternative Remedies, Rule of Court 4.2(5)
Criminal Law Judicial Review Human Rights Nobile Officium Jurisdiction Competency of Petitions Review of SCCRC Decisions Alternative Remedies Rule of Court 4.2(5)

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Parties

Graham Gordon

Petitioner

Procedural Posture

Petition to the Nobile Officium / Motion for First Orders

Legal Issues

  1. 1 Whether the petition to the nobile officium is competent to review SCCRC decisions and prior High Court decisions
  2. 2 Whether the SCCRC acted incompatibly with the petitioner's human rights in its 2007 referral
  3. 3 Whether alternative remedies were available to the petitioner

Ratio Decidendi

The petition is incompetent because the nobile officium cannot be used to review decisions of the High Court of Justiciary or administrative decisions of the SCCRC, and alternative remedies were available to the petitioner.

Court Disposition

Petition dismissed as incompetent; motion for first orders refused.

Orders

  • Refusal of motion for first orders
  • Dismissal of petition