PETITION OF AVAAZ FOUNDATION AGAINST THE SCOTTISH MINISTERS AND OTHERS [2021] ScotCS CSOH_81 (11 August 2021)

PETITION OF AVAAZ FOUNDATION AGAINST THE SCOTTISH MINISTERS AND OTHERS [2021] ScotCS CSOH_81 (11 August 2021)

The interests of justice, the continuing public importance of the legal questions raised, and the lack of specific prejudice to the Scottish ministers or others justify extension of the time limit for lodging the petition under section 27A(1)(b) of the Court of Session Act 1988.

Citation
[2021] ScotCS CSOH_81
Parties
Petitioner: Avaaz Foundation; Respondents: Scottish Ministers and Others
Jurisdiction
Scotland
Judgment Date
11 August 2021
Procedural Posture
Judicial Review / Permission and Extension of Time Limit
Outcome
permission granted
Legal Topics
Judicial Review, Unexplained Wealth Orders, Time Limits, EU Derived Law, Money Laundering
Administrative Law Criminal Law Judicial Review Unexplained Wealth Orders Time Limits EU Derived Law Money Laundering

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Parties

Avaaz Foundation

Petitioner

Scottish Ministers and Others

Respondents

Procedural Posture

Judicial Review / Permission and Extension of Time Limit

Legal Issues

  1. 1 Whether the petition was lodged timeously under section 27A(1)(a) of the Court of Session Act 1988
  2. 2 Whether the court should exercise its discretion to extend the three-month time limit under section 27A(1)(b)
  3. 3 Whether EU-derived law requires extension of the time limit to ensure effective legal protection

Ratio Decidendi

The interests of justice, the continuing public importance of the legal questions raised, and the lack of specific prejudice to the Scottish ministers or others justify extension of the time limit for lodging the petition under section 27A(1)(b) of the Court of Session Act 1988.

Court Disposition

permission granted

Orders

  • Time limit for lodging petition extended to include day of lodging
  • Petition permitted to proceed without condition or restriction