Scottish Ministers (James Hamilton's investigation into the First Minister under the Ministerial Code) [2025] ScotIC 144_2025 (12 June 2025)
The Commissioner found that while some information could be withheld under statutory exemptions, partial disclosure was warranted to uphold transparency and accountability.
- Citation
- [2025] ScotIC 144_2025
- Parties
- Respondent: Scottish Ministers; Investigator: James Hamilton; Subject: First Minister
- Jurisdiction
- Scotland
- Judgment Date
- 12 June 2025
- Procedural Posture
- Investigation / Decision
- Outcome
- partially upheld
- Legal Topics
- Ministerial Code, Government Ethics, Public Accountability
Case Brief
Summary, issues, holding and outcome
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Parties
Scottish Ministers
Respondent
James Hamilton
Investigator
First Minister
Subject
Procedural Posture
Investigation / Decision
Legal Issues
- 1 Whether the First Minister breached the Ministerial Code
- 2 Whether the investigation process complied with statutory requirements
Ratio Decidendi
The Commissioner found that while some information could be withheld under statutory exemptions, partial disclosure was warranted to uphold transparency and accountability.
Court Disposition
partially upheld
Orders
- Scottish Ministers must disclose specified portions of the investigation report.
- Sensitive information may remain withheld under statutory exemptions.
Full Case Text
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