Beggs v The Scottish Ministers [2017] ScotCS CSOH_99 (06 July 2017)

Permission to proceed granted only on grounds relating to breach of legitimate expectation for HCPC correspondence on 6 May 2016 and irrationality in non-designation of legal regulatory bodies outside Scotland; no real prospect of success on Article 8 ECHR or other grounds.

Citation: [2017] ScotCS CSOH_99
Parties: Petitioner: William Beggs; Respondents: The Scottish Ministers
Jurisdiction: Scotland
Judgment Date: 06 July 2017
Procedural Posture: Judicial Review / Permission to Proceed
Outcome: Permission to proceed granted in part; refused in part
Legal Topics: Prisoner Correspondence, Legitimate Expectation, Article 8 ECHR, Confidential Mail, Regulatory Bodies, Proportionality, Irrationality

Public Law Prison Law Human Rights Prisoner Correspondence Legitimate Expectation Article 8 ECHR Confidential Mail Regulatory Bodies +2 more

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Parties

William Beggs

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Permission to Proceed

Legal Issues

1 Whether opening of HCPC correspondence breached legitimate expectation
2 Whether refusal to designate correspondence with legal regulatory bodies outside Scotland as confidential is irrational
3 Whether opening of correspondence breached Article 8 ECHR

Ratio Decidendi

Court Disposition

Permission to proceed granted in part; refused in part

Orders

Permission granted for grounds relating to breach of legitimate expectation (HCPC correspondence on 6 May 2016)
Permission granted for grounds relating to irrationality in non-designation of legal regulatory bodies outside Scotland as confidential