Somerville & Ors v The Scottish Ministers [2006] ScotCS CSIH_52 (03 November 2006)

Somerville & Ors v The Scottish Ministers [2006] ScotCS CSIH_52 (03 November 2006)

The Lord Ordinary correctly refused to order disclosure of documents covered by PII as petitioners failed to demonstrate specific need for unredacted material; claims for damages for breach of Convention rights against Scottish Ministers are subject to the Human Rights Act 1998 and its one-year time-bar, not solely the Scotland Act 1998; acts of Governors are subject to vires control under the Scotland Act; no procedural unfairness arose from the Lord Ordinary's approach.

Citation
[2006] ScotCS CSIH_52
Parties
Petitioner and Respondent: Andrew Somerville; Petitioner and Respondent: William Cairns; Petitioner and Respondent: Samuel Ralston; Petitioner and Respondent: Ricardo Blanco; Petitioner and Respondent: David Henderson; Respondents and Reclaimers: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
03 November 2006
Procedural Posture
Judicial Review (reclaiming Motion) / Appeal From Lord Ordinary's Interlocutor
Outcome
Appeal by petitioners dismissed; interlocutor of Lord Ordinary affirmed.
Legal Topics
Public Interest Immunity, Statutory Time Bar, European Convention on Human Rights, Damages for Breach of Convention Rights, Judicial Review, Carltona Doctrine, Proportionality, Adequacy of Reasons
Public Law Human Rights Prison Law Administrative Law Public Interest Immunity Statutory Time Bar European Convention on Human Rights Damages for Breach of Convention Rights +4 more

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Parties

Andrew Somerville

Petitioner and Respondent

William Cairns

Petitioner and Respondent

Samuel Ralston

Petitioner and Respondent

Ricardo Blanco

Petitioner and Respondent

David Henderson

Petitioner and Respondent

The Scottish Ministers

Respondents and Reclaimers

Procedural Posture

Judicial Review (reclaiming Motion) / Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether Public Interest Immunity (PII) justified non-disclosure of documents
  2. 2 Whether claims for damages for breach of Convention rights are time-barred under Human Rights Act 1998
  3. 3 Whether the Scotland Act 1998 or Human Rights Act 1998 is the proper route for damages claims

Ratio Decidendi

The Lord Ordinary correctly refused to order disclosure of documents covered by PII as petitioners failed to demonstrate specific need for unredacted material; claims for damages for breach of Convention rights against Scottish Ministers are subject to the Human Rights Act 1998 and its one-year time-bar, not solely the Scotland Act 1998; acts of Governors are subject to vires control under the Scotland Act; no procedural unfairness arose from the Lord Ordinary's approach.

Court Disposition

Appeal by petitioners dismissed; interlocutor of Lord Ordinary affirmed.

Orders

  • Refusal to order disclosure of PII documents
  • Claims for damages for periods of segregation outside one-year time-bar dismissed