Hendrick, Re Judicial Review [2013] ScotCS CSOH_66 (26 April 2013)

Hendrick, Re Judicial Review [2013] ScotCS CSOH_66 (26 April 2013)

The petition was dismissed because the petitioner delayed for 22 months in raising proceedings, failed to intimate any claim to the respondents, and drew his police pension, all of which, viewed objectively, amounted to acquiescence in the decisions challenged. In judicial review, such delay and silence are fatal, and the plea of mora, taciturnity and acquiescence was established.

Citation
[2013] ScotCS CSOH_66
Parties
Petitioner: James Hendrick; First Respondent: Chief Constable of Strathclyde; Second Respondent: Police Appeals Tribunal Scotland
Jurisdiction
Scotland
Judgment Date
26 April 2013
Procedural Posture
Judicial Review / First Hearing on Preliminary Pleas
Outcome
petition dismissed
Legal Topics
Judicial Review, Mora, Taciturnity and Acquiescence, Disciplinary Proceedings, Police Misconduct, Delay in Legal Proceedings
Administrative Law Employment Law Judicial Review Mora, Taciturnity and Acquiescence Disciplinary Proceedings Police Misconduct Delay in Legal Proceedings

Case Brief

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Parties

James Hendrick

Petitioner

Chief Constable of Strathclyde

First Respondent

Police Appeals Tribunal Scotland

Second Respondent

Procedural Posture

Judicial Review / First Hearing on Preliminary Pleas

Legal Issues

  1. 1 Whether the petition for judicial review is barred by mora, taciturnity and acquiescence due to delay in raising proceedings after the Police Appeal Tribunal's decision
  2. 2 Whether the petitioner's conduct amounted to acquiescence in the decisions challenged

Ratio Decidendi

The petition was dismissed because the petitioner delayed for 22 months in raising proceedings, failed to intimate any claim to the respondents, and drew his police pension, all of which, viewed objectively, amounted to acquiescence in the decisions challenged. In judicial review, such delay and silence are fatal, and the plea of mora, taciturnity and acquiescence was established.

Court Disposition

petition dismissed

Orders

  • Petition dismissed on grounds of mora, taciturnity and acquiescence
  • Questions of expenses reserved