CHONG WANG AGAINST SCOTTISH MINISTERS [2017] ScotCS CSOH_140 (08 September 2017)
It is not competent to allow a Minute of Amendment to a petition for judicial review before permission to proceed has been granted, as section 27B(1) of the Court of Session Act 1988 prohibits any proceedings prior to such permission. The statutory language is clear and must be followed.
- Citation
- [2017] ScotCS CSOH_140
- Parties
- Petitioner: Chong Wang; Respondent: Scottish Ministers
- Jurisdiction
- Scotland
- Judgment Date
- 08 September 2017
- Procedural Posture
- Judicial Review / Motion to Allow Minute of Amendment Prior to Permission to Proceed
- Outcome
- permission to proceed refused; amendment refused
- Legal Topics
- Judicial Review, Amendment of Pleadings, Permission to Proceed, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Chong Wang
Petitioner
Scottish Ministers
Respondent
Procedural Posture
Judicial Review / Motion to Allow Minute of Amendment Prior to Permission to Proceed
Legal Issues
- 1 Is it competent to allow a Minute of Amendment to a petition for judicial review before permission to proceed has been granted under section 27B(1) of the Court of Session Act 1988?
Ratio Decidendi
It is not competent to allow a Minute of Amendment to a petition for judicial review before permission to proceed has been granted, as section 27B(1) of the Court of Session Act 1988 prohibits any proceedings prior to such permission. The statutory language is clear and must be followed.
Court Disposition
permission to proceed refused; amendment refused
Orders
- Permission to proceed with the petition is refused.
- Minute of Amendment is not allowed.
Full Case Text
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