JOHN HALLEY AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_9 (10 February 2023)

JOHN HALLEY AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_9 (10 February 2023)

The petitioner's interest in the proceedings was primarily private and not predominantly altruistic; therefore, it would not be fair and just to grant a PEO. The application did not satisfy the Corner House principles, particularly the requirement of absence of significant private interest.

Citation
[2023] ScotCS CSIH_9
Parties
Petitioner and Reclaimer: John Halley; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
10 February 2023
Procedural Posture
Judicial Review Petition / Inner House, Court of Session, Review of Refusal to Grant Protective Expenses Order (peo)
Outcome
Application for Protective Expenses Order refused; exemption from court fees refused.
Legal Topics
Protective Expenses Orders, Judicial Review, Costs in Public Interest Litigation
Civil Procedure Public Law Protective Expenses Orders Judicial Review Costs in Public Interest Litigation

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Parties

John Halley

Petitioner and Reclaimer

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review Petition / Inner House, Court of Session, Review of Refusal to Grant Protective Expenses Order (peo)

Legal Issues

  1. 1 Whether a Protective Expenses Order (PEO) should be granted to the petitioner in respect of his challenge to a tribunal decision
  2. 2 Whether the petitioner's private interest precludes the grant of a PEO
  3. 3 Whether exemption from court fees should be granted

Ratio Decidendi

The petitioner's interest in the proceedings was primarily private and not predominantly altruistic; therefore, it would not be fair and just to grant a PEO. The application did not satisfy the Corner House principles, particularly the requirement of absence of significant private interest.

Court Disposition

Application for Protective Expenses Order refused; exemption from court fees refused.

Orders

  • No Protective Expenses Order granted.
  • No exemption from court fees granted.