Anderson v. The Security Industry Authority [2011] ScotSC 16 (08 March 2011)

Anderson v. The Security Industry Authority [2011] ScotSC 16 (08 March 2011)

The SIA failed to provide sufficient specification and admissible evidence to justify suspension and revocation of licences; the police letters lacked detail and amounted to inadmissible hearsay; the proceedings breached Article 6 ECHR by denying the pursuers a fair opportunity to challenge the case against them; decree granted in favour of pursuers.

Citation
[2011] ScotSC 16
Parties
Pursuer: Francis Anderson; Defender: The Security Industry Authority
Jurisdiction
Scotland
Judgment Date
08 March 2011
Procedural Posture
Summary Application Appeal / Judgment After Debate on Preliminary Pleas
Outcome
Appeal allowed; decree granted in favour of pursuers.
Legal Topics
Licensing Criteria Approval, Fair Hearing Under Article 6 ECHR, Admissibility of Hearsay Evidence, Revocation and Suspension of Security Licences
Administrative Law Licensing Law Human Rights Law Licensing Criteria Approval Fair Hearing Under Article 6 ECHR Admissibility of Hearsay Evidence Revocation and Suspension of Security Licences

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Parties

Francis Anderson

Pursuer

The Security Industry Authority

Defender

Procedural Posture

Summary Application Appeal / Judgment After Debate on Preliminary Pleas

Legal Issues

  1. 1 Whether the Security Industry Authority acted lawfully in suspending and revoking security licences without approved criteria under the Private Security Industry Act 2001
  2. 2 Whether reliance on police intelligence letters breached Article 6 ECHR (right to fair hearing)
  3. 3 Whether the police letters constituted inadmissible hearsay and insufficient evidence for revocation/suspension

Ratio Decidendi

The SIA failed to provide sufficient specification and admissible evidence to justify suspension and revocation of licences; the police letters lacked detail and amounted to inadmissible hearsay; the proceedings breached Article 6 ECHR by denying the pursuers a fair opportunity to challenge the case against them; decree granted in favour of pursuers.

Court Disposition

Appeal allowed; decree granted in favour of pursuers.

Orders

  • Repels the defences and grants decree in terms of crave one of the summary application.
  • Certifies the cause as suitable for the employment of junior counsel.