Craig McInally against The Scottish Ministers (Court of Session) [2026] CSIH 2 (13 January 2026)

Craig McInally against The Scottish Ministers (Court of Session) [2026] CSIH 2 (13 January 2026)

The reclaiming motion was refused because the proceedings had been superseded by a subsequent petition and were now academic; had the petition not been superseded, it would have been equitable to extend the time bar given the gravity of interests and public importance.

Source-derived case information.

Citation
[2026] CSIH 2
Parties
Petitioner and Reclaimer: Craig McInally; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
13 January 2026
Procedural Posture
Judicial Review Reclaiming Motion / Appeal Against Refusal of Permission to Proceed
Outcome
Reclaiming motion refused as academic
Legal Topics
Time Bar in Judicial Review, Article 5 ECHR Rights, Access to Rehabilitative Programmes, Extension of Time Bar, Academic Proceedings
Public Law Prison Law Human Rights Time Bar in Judicial Review Article 5 ECHR Rights Access to Rehabilitative Programmes Extension of Time Bar Academic Proceedings

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Parties

Craig McInally

Petitioner and Reclaimer

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review Reclaiming Motion / Appeal Against Refusal of Permission to Proceed

Legal Issues

  1. 1 Whether the petition was time-barred under section 27A(1)(a) of the Court of Session Act 1988
  2. 2 Whether there was a continuing breach of Article 5 ECHR
  3. 3 Whether it was equitable to extend the time bar

Ratio Decidendi

The reclaiming motion was refused because the proceedings had been superseded by a subsequent petition and were now academic; had the petition not been superseded, it would have been equitable to extend the time bar given the gravity of interests and public importance.

Court Disposition

Reclaiming motion refused as academic

Orders

  • Permission to proceed refused
  • No extension of time bar granted