Fargie, Re Judicial Review [2008] ScotCS CSOH_117 (13 August 2008)

Fargie, Re Judicial Review [2008] ScotCS CSOH_117 (13 August 2008)

The court held that the selection of 29 August 2003 as the cut-off date for eligibility under the Skipton Fund was not irrational, unreasonable, or disproportionate. The choice of a cut-off date was a rational response to resource constraints and administrative considerations, and the date chosen was linked to the public announcement of the scheme's legal viability. No legitimate expectation arose from the Minister's earlier statements, as they did not amount to a clear and unambiguous representation to a determinate group, nor was there reasonable reliance or detriment. The exclusion did not breach Article 14 or Article 1 Protocol 1 of the ECHR, as the petitioner had no possession or...

Citation
[2008] ScotCS CSOH_117
Parties
Petitioner: Laureen Joan Fargie; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
13 August 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Judicial Review, Legitimate Expectation, Rationality of Administrative Action, Proportionality, Article 14 ECHR, Article 1 Protocol 1 ECHR, Ex Gratia Payments, Public Compensation Schemes
Public Law Administrative Law Human Rights Law Judicial Review Legitimate Expectation Rationality of Administrative Action Proportionality Article 14 ECHR +3 more

Case Brief

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Parties

Laureen Joan Fargie

Petitioner

Scottish Executive

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the exclusion of claims on behalf of persons who died before 29 August 2003 from the Skipton Fund is irrational, unreasonable, or disproportionate
  2. 2 Whether the cut-off date breaches legitimate expectation
  3. 3 Whether the exclusion breaches Article 14 and Article 1 Protocol 1 of the European Convention on Human Rights

Ratio Decidendi

The court held that the selection of 29 August 2003 as the cut-off date for eligibility under the Skipton Fund was not irrational, unreasonable, or disproportionate. The choice of a cut-off date was a rational response to resource constraints and administrative considerations, and the date chosen was linked to the public announcement of the scheme's legal viability. No legitimate expectation arose from the Minister's earlier statements, as they did not amount to a clear and unambiguous representation to a determinate group, nor was there reasonable reliance or detriment. The exclusion did not breach Article 14 or Article 1 Protocol 1 of the ECHR, as the petitioner had no possession or...

Court Disposition

petition refused

Orders

  • Petition for judicial review refused
  • No reduction or declarator granted in respect of the eligibility criterion