Scott & Anor, Re Application For Judicial Review [2001] ScotCS 242 (26 October 2001)

Scott & Anor, Re Application For Judicial Review [2001] ScotCS 242 (26 October 2001)

An interim order for specific performance or implement against the Crown is incompetent in Scotland by virtue of Section 21 of the Crown Proceedings Act 1947, as interpreted in McDonald v Secretary of State for Scotland. Judicial review proceedings seeking such relief are civil proceedings within the meaning of the Act. Even if competent, the factual disputes and lack of a prima facie case, as well as the balance of convenience, do not justify interim relief.

Citation
[2001] ScotCS 242
Parties
Petitioner: Andrew Scott; Petitioner: Scott Davidson; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
26 October 2001
Procedural Posture
Judicial Review / Application for Interim Order and First Order
Outcome
Application for interim order refused; First Order granted with shortened induciae and order for answers.
Legal Topics
Article 3 ECHR, Inhumane and Degrading Treatment, Prison Conditions, Interim Relief Against the Crown, Specific Performance, Judicial Review Procedure
Human Rights Law Prison Law Administrative Law Article 3 ECHR Inhumane and Degrading Treatment Prison Conditions Interim Relief Against the Crown Specific Performance +1 more

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Parties

Andrew Scott

Petitioner

Scott Davidson

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Application for Interim Order and First Order

Legal Issues

  1. 1 Whether an interim order for specific performance can be granted against the Crown in judicial review proceedings under Section 21 of the Crown Proceedings Act 1947
  2. 2 Whether the conditions of detention breach Article 3 of the European Convention on Human Rights
  3. 3 Whether a prima facie case and balance of convenience justify interim relief

Ratio Decidendi

An interim order for specific performance or implement against the Crown is incompetent in Scotland by virtue of Section 21 of the Crown Proceedings Act 1947, as interpreted in McDonald v Secretary of State for Scotland. Judicial review proceedings seeking such relief are civil proceedings within the meaning of the Act. Even if competent, the factual disputes and lack of a prima facie case, as well as the balance of convenience, do not justify interim relief.

Court Disposition

Application for interim order refused; First Order granted with shortened induciae and order for answers.

Orders

  • No interim order granted against the Scottish Ministers.
  • First Order made with shortened induciae of three days and order for answers.