Stewart v Perth & Kinross Council, Re Application For Judicial Review [2000] ScotCS 243 (31 August 2000)

Stewart v Perth & Kinross Council, Re Application For Judicial Review [2000] ScotCS 243 (31 August 2000)

The petitioner's claim for a declarator of entitlement to compensation is irrelevant and lacking in specification and is excluded from further consideration; however, the judicial review proceedings are competent despite the vires issue being raised in pending criminal proceedings, and the petition may proceed on other remedies sought.

Citation
[2000] ScotCS 243
Parties
Petitioner: Douglas Stewart; Respondents: Perth and Kinross Council
Jurisdiction
Scotland
Judgment Date
31 August 2000
Procedural Posture
Judicial Review / First Hearing; Preliminary Issues
Outcome
Petition to proceed, but claim for declarator of entitlement to compensation excluded from further consideration.
Legal Topics
Ultra Vires Acts, Judicial Review Procedure, Damages in Judicial Review, Local Authority Licensing, Competency of Proceedings
Administrative Law Licensing Law Ultra Vires Acts Judicial Review Procedure Damages in Judicial Review Local Authority Licensing Competency of Proceedings

Case Brief

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Parties

Douglas Stewart

Petitioner

Perth and Kinross Council

Respondents

Procedural Posture

Judicial Review / First Hearing; Preliminary Issues

Legal Issues

  1. 1 Whether the District Council's refusal to renew the petitioner's second-hand dealer's licence was ultra vires and without legal warrant
  2. 2 Whether a declarator of entitlement to compensation can be granted in judicial review proceedings without specification of loss
  3. 3 Whether judicial review proceedings are competent when the same vires issue is raised in pending criminal appeal proceedings

Ratio Decidendi

The petitioner's claim for a declarator of entitlement to compensation is irrelevant and lacking in specification and is excluded from further consideration; however, the judicial review proceedings are competent despite the vires issue being raised in pending criminal proceedings, and the petition may proceed on other remedies sought.

Court Disposition

Petition to proceed, but claim for declarator of entitlement to compensation excluded from further consideration.

Orders

  • Respondents' second plea in law sustained to the extent of excluding the claim for declarator of entitlement to compensation for loss, injury and damage.
  • Respondents' first plea in law (to competency) repelled.