PETITION OF AVAAZ FOUNDATION FOR JUDICIAL REVIEW [2021] ScotCS CSOH_119 (25 November 2021)

PETITION OF AVAAZ FOUNDATION FOR JUDICIAL REVIEW [2021] ScotCS CSOH_119 (25 November 2021)

There is no statutory or implied restriction preventing the Lord Advocate from being designated as the responsible Minister for seeking UWOs; the Scottish Ministers may allocate portfolio responsibility to any member, including the Lord Advocate, and collective responsibility is maintained. There is no legal duty to seek a UWO in every case where statutory requirements are met, and the Ministers retain discretion. The 'neither confirm nor deny' policy is lawful and justified for operational reasons.

Citation
[2021] ScotCS CSOH_119
Parties
Petitioner: Avaaz Foundation; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
25 November 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition refused
Legal Topics
Unexplained Wealth Orders, Ministerial Responsibility, Money Laundering, Delegation of Statutory Powers
Administrative Law Constitutional Law Criminal Law Unexplained Wealth Orders Ministerial Responsibility Money Laundering Delegation of Statutory Powers

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Parties

Avaaz Foundation

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Ministers may lawfully delegate responsibility for applying for Unexplained Wealth Orders
  2. 2 Whether the Lord Advocate can be designated as the responsible Minister for UWOs
  3. 3 Whether the Scottish Ministers have a duty to seek a UWO when statutory requirements are met

Ratio Decidendi

There is no statutory or implied restriction preventing the Lord Advocate from being designated as the responsible Minister for seeking UWOs; the Scottish Ministers may allocate portfolio responsibility to any member, including the Lord Advocate, and collective responsibility is maintained. There is no legal duty to seek a UWO in every case where statutory requirements are met, and the Ministers retain discretion. The 'neither confirm nor deny' policy is lawful and justified for operational reasons.

Court Disposition

Petition refused