MacIntyre, Re Application For Judicial Review [2001] ScotCS 85 (5 April 2001)

MacIntyre, Re Application For Judicial Review [2001] ScotCS 85 (5 April 2001)

The Crofters Commission acted unfairly and in breach of natural justice by granting decrofting directions before the Land Court hearing, thereby pre-empting the judicial process and denying the petitioner a reasonable opportunity to present his case and request a hearing as required by their own rules and the principles of fairness.

Citation
[2001] ScotCS 85
Parties
Petitioner: Alan MacIntyre; Respondent: Crofters Commission
Jurisdiction
Scotland
Judgment Date
05 April 2001
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion and Final Order
Outcome
Petition granted. Orders for reduction of the Crofters Commission's decisions and directions issued on 11 March 1997 and the decision of 27 February 1997.
Legal Topics
Natural Justice, Procedural Fairness, Decrofting, Quasi Judicial Decision Making, Crofters (scotland) Act 1993
Administrative Law Land Law Agricultural Law Natural Justice Procedural Fairness Decrofting Quasi Judicial Decision Making Crofters (scotland) Act 1993

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Parties

Alan MacIntyre

Petitioner

Crofters Commission

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion and Final Order

Legal Issues

  1. 1 Whether the Crofters Commission acted unfairly and in breach of natural justice in granting decrofting directions before the Land Court hearing.
  2. 2 Whether the petitioner was denied a reasonable opportunity to present his case and request a hearing under the Commission's rules.
  3. 3 Whether the Commission failed to properly consider the petitioner's objections and representations.

Ratio Decidendi

The Crofters Commission acted unfairly and in breach of natural justice by granting decrofting directions before the Land Court hearing, thereby pre-empting the judicial process and denying the petitioner a reasonable opportunity to present his case and request a hearing as required by their own rules and the principles of fairness.

Court Disposition

Petition granted. Orders for reduction of the Crofters Commission's decisions and directions issued on 11 March 1997 and the decision of 27 February 1997.

Orders

  • Reduction of both decrofting directions issued by the Crofters Commission on 11 March 1997.
  • Reduction of the decision reached by the Crofters Commission at their meeting of 27 February 1997.