O'Brien v The Scottish Ministers [2017] ScotCS CSOH_96 (05 July 2017)

O'Brien v The Scottish Ministers [2017] ScotCS CSOH_96 (05 July 2017)

The pursuer was a statutory office-holder appointed under the Inquiries Act 2005, not a party to a contract with the Scottish Ministers. The invocation of section 12 of the Act by the defenders was a lawful, proportionate, and fair response to serious concerns raised about the pursuer's conduct, and the statutory process provided adequate procedural safeguards. There was no breach of contract or infringement of Article 8 ECHR rights. The pursuer's pleadings disclosed no relevant case in law and the action must be dismissed.

Citation
[2017] ScotCS CSOH_96
Parties
Pursuer: Susan O'Brien QC; Defenders: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
05 July 2017
Procedural Posture
Civil Action for Declarator and Damages / Procedure Roll Debate on Relevancy of Pleadings (preliminary Pleas in Law)
Outcome
Action dismissed
Legal Topics
Statutory Office Holders, Termination of Appointment, Inquiries Act 2005, Article 8 ECHR, Procedural Fairness, Breach of Contract, Judicial Independence
Public Law Human Rights Law Contract Law Statutory Office Holders Termination of Appointment Inquiries Act 2005 Article 8 ECHR Procedural Fairness +2 more

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Parties

Susan O'Brien QC

Pursuer

The Scottish Ministers

Defenders

Procedural Posture

Civil Action for Declarator and Damages / Procedure Roll Debate on Relevancy of Pleadings (preliminary Pleas in Law)

Legal Issues

  1. 1 Whether the pursuer held a contractual relationship with the Scottish Ministers or was a statutory office-holder only
  2. 2 Whether the invocation of section 12 of the Inquiries Act 2005 by the Scottish Ministers breached Article 8 ECHR rights of the pursuer
  3. 3 Whether the process followed by the Scottish Ministers was procedurally unfair or unlawful

Ratio Decidendi

The pursuer was a statutory office-holder appointed under the Inquiries Act 2005, not a party to a contract with the Scottish Ministers. The invocation of section 12 of the Act by the defenders was a lawful, proportionate, and fair response to serious concerns raised about the pursuer's conduct, and the statutory process provided adequate procedural safeguards. There was no breach of contract or infringement of Article 8 ECHR rights. The pursuer's pleadings disclosed no relevant case in law and the action must be dismissed.

Court Disposition

Action dismissed

Orders

  • The pursuer's case is dismissed as irrelevant in law.