GLASGOW CITY COUNCIL, RECLAIMING MOTION IN THE CAUSE AGAINST THE SCOTTISH LEGAL AID BOARD AND PQ [2018] ScotCS CSIH_37 (23 May 2018)

GLASGOW CITY COUNCIL, RECLAIMING MOTION IN THE CAUSE AGAINST THE SCOTTISH LEGAL AID BOARD AND PQ [2018] ScotCS CSIH_37 (23 May 2018)

The statutory scheme for civil legal aid in Scotland does not require disclosure of the applicant's detailed grounds of appeal to the opponent. The Board acted lawfully and fairly in granting legal aid to PQ based on the information provided. The Council had sufficient notice and opportunity to make representations. Procedural fairness in this context does not require supplementation beyond the statutory requirements. The Lord Ordinary erred in holding otherwise.

Citation
[2018] ScotCS CSIH_37
Parties
Petitioners and Respondents: Glasgow City Council; Respondents and Reclaimers: Scottish Legal Aid Board; Interested Party: PQ
Jurisdiction
Scotland
Judgment Date
23 May 2018
Procedural Posture
Reclaiming Motion (appeal) in Judicial Review Proceedings / Inner House, Court of Session, Appellate Review of Lord Ordinary's Interlocutor
Outcome
Reclaiming motion allowed; Lord Ordinary's interlocutor recalled; prayer of the petition refused.
Legal Topics
Procedural Fairness in Legal Aid Applications, Disclosure Obligations in Legal Aid Process, Confidentiality Under Legal Aid (scotland) Act 1986, Right to Make Representations by Opponents, Judicial Review of Administrative Decisions
Administrative Law Civil Procedure Legal Aid Procedural Fairness in Legal Aid Applications Disclosure Obligations in Legal Aid Process Confidentiality Under Legal Aid (scotland) Act 1986 Right to Make Representations by Opponents Judicial Review of Administrative Decisions

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Parties

Glasgow City Council

Petitioners and Respondents

Scottish Legal Aid Board

Respondents and Reclaimers

PQ

Interested Party

Procedural Posture

Reclaiming Motion (appeal) in Judicial Review Proceedings / Inner House, Court of Session, Appellate Review of Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Scottish Legal Aid Board acted unfairly towards Glasgow City Council in granting legal aid to PQ without disclosing grounds of appeal
  2. 2 Whether procedural fairness required disclosure of the applicant's grounds of appeal to the opponent in the legal aid process
  3. 3 Whether the statutory framework requires or permits such disclosure

Ratio Decidendi

The statutory scheme for civil legal aid in Scotland does not require disclosure of the applicant's detailed grounds of appeal to the opponent. The Board acted lawfully and fairly in granting legal aid to PQ based on the information provided. The Council had sufficient notice and opportunity to make representations. Procedural fairness in this context does not require supplementation beyond the statutory requirements. The Lord Ordinary erred in holding otherwise.

Court Disposition

Reclaiming motion allowed; Lord Ordinary's interlocutor recalled; prayer of the petition refused.

Orders

  • The interlocutor of the Lord Ordinary dated 22 December 2017 is recalled.
  • The prayer of the petition by Glasgow City Council is refused.