McDonald, Re Application For Judicial Review [1998] ScotCS 102 (18 December 1998)

McDonald, Re Application For Judicial Review [1998] ScotCS 102 (18 December 1998)

The Council's resolution was a quasi-judicial decision with disciplinary effect, materially affecting the petitioner's standing, and was vitiated by failure to observe natural justice by not informing the petitioner of the accusations or allowing him to be heard; both the Council's and Commandant-in-Chief's decisions are invalid and fall to be reduced.

Citation
[1998] ScotCS 102
Parties
Petitioner: Alexander McDonald; First Respondent: St Andrew's Ambulance Association; Second Respondent: National Commandant-in-Chief of the St Andrew's Ambulance Corps
Jurisdiction
Scotland
Judgment Date
18 December 1998
Procedural Posture
Judicial Review / First Hearing, Final Determination
Outcome
petition sustained; decisions reduced; order granted
Legal Topics
Judicial Review, Disciplinary Decisions, Procedural Fairness, Quasi Judicial Decisions
Administrative Law Natural Justice Judicial Review Disciplinary Decisions Procedural Fairness Quasi Judicial Decisions

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Parties

Alexander McDonald

Petitioner

St Andrew's Ambulance Association

First Respondent

National Commandant-in-Chief of the St Andrew's Ambulance Corps

Second Respondent

Procedural Posture

Judicial Review / First Hearing, Final Determination

Legal Issues

  1. 1 Whether the Council's resolution of 21 January 1998 constitutes a reviewable decision
  2. 2 Whether the Council failed to comply with the rules of natural justice
  3. 3 Whether the Commandant-in-Chief's decision of 16 July 1998 is valid

Ratio Decidendi

The Council's resolution was a quasi-judicial decision with disciplinary effect, materially affecting the petitioner's standing, and was vitiated by failure to observe natural justice by not informing the petitioner of the accusations or allowing him to be heard; both the Council's and Commandant-in-Chief's decisions are invalid and fall to be reduced.

Court Disposition

petition sustained; decisions reduced; order granted

Orders

  • Decree of reduction of the Council's decision of 21 January 1998
  • Decree of reduction of the Commandant-in-Chief's decision of 16 July 1998