The Congregation of the Poor Sisters of Nazareth and the Daughters of Charity of Saint Vincent De Paul [2015] ScotCS CSOH_87 (01 July 2015)

The Congregation of the Poor Sisters of Nazareth and the Daughters of Charity of Saint Vincent De Paul [2015] ScotCS CSOH_87 (01 July 2015)

Ms O’Brien’s previous professional involvement as advocate for claimants against the first petitioner and her limited association with a pressure group do not amount to a close association with an interested party under section 9(1) of the Inquiries Act 2005, nor do they give rise to apparent bias under the common law test. The fair-minded and informed observer would not conclude there is a real possibility of bias, and the Minister’s decision to appoint her was not unreasonable.

Citation
[2015] ScotCS CSOH_87
Parties
Petitioner: The Congregation of the Poor Sisters of Nazareth; Petitioner: The Daughters of Charity of Saint Vincent De Paul; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
01 July 2015
Procedural Posture
Judicial Review / Opinion on Petition for Judicial Review
Outcome
petition refused
Legal Topics
Apparent Bias, Judicial Review, Public Inquiries, Eligibility of Inquiry Chair, Inquiries Act 2005
Public Law Administrative Law Apparent Bias Judicial Review Public Inquiries Eligibility of Inquiry Chair Inquiries Act 2005

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

The Congregation of the Poor Sisters of Nazareth

Petitioner

The Daughters of Charity of Saint Vincent De Paul

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Opinion on Petition for Judicial Review

Legal Issues

  1. 1 Whether the appointment of Ms Susan O’Brien QC as Chair of the Historical Child Abuse Inquiry was invalid due to apparent bias or close association with an interested party under section 9(1) of the Inquiries Act 2005.

Ratio Decidendi

Ms O’Brien’s previous professional involvement as advocate for claimants against the first petitioner and her limited association with a pressure group do not amount to a close association with an interested party under section 9(1) of the Inquiries Act 2005, nor do they give rise to apparent bias under the common law test. The fair-minded and informed observer would not conclude there is a real possibility of bias, and the Minister’s decision to appoint her was not unreasonable.

Court Disposition

petition refused

Orders

  • Petition for judicial review refused.