Christina S FR 224 (A Partnership at Will), Re Judicial Review [2013] ScotCS CSOH_85 (30 May 2013)

Christina S FR 224 (A Partnership at Will), Re Judicial Review [2013] ScotCS CSOH_85 (30 May 2013)

The Scottish Ministers' decision to reduce the quota for the Christina S FR 224 was vitiated by procedural unfairness, as the petitioners were not provided with the evidence on which the decision was based prior to its implementation, denying them a meaningful opportunity to respond. This breach of natural justice also rendered the decision ultra vires under section 57(2) Scotland Act 1998 due to incompatibility with EU law and Convention rights. The quota/licence constituted a possession under Article 1 Protocol 1 ECHR, and the interference was not lawfully justified.

Citation
[2013] ScotCS CSOH_85
Parties
Petitioner: Christina S FR 224 (A Partnership at Will); Petitioner: Freedom Fish Ltd; Petitioner: Shannon Fishing Ltd; Petitioner: Peter & J Johnstone Ltd; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
30 May 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision quashed
Legal Topics
Natural Justice, Procedural Fairness, Ultra Vires, Right to Property, Fishing Quota Allocation
Administrative Law EU Law Human Rights Law Natural Justice Procedural Fairness Ultra Vires Right to Property Fishing Quota Allocation

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Parties

Christina S FR 224 (A Partnership at Will)

Petitioner

Freedom Fish Ltd

Petitioner

Shannon Fishing Ltd

Petitioner

Peter & J Johnstone Ltd

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision by Scottish Ministers to amend landing details and reduce quota was reached in breach of natural justice
  2. 2 Whether the decision was ultra vires under section 57(2) Scotland Act 1998 due to incompatibility with EU law and Convention rights
  3. 3 Whether the quota reduction constituted unlawful interference with possessions under Article 1 Protocol 1 ECHR

Ratio Decidendi

The Scottish Ministers' decision to reduce the quota for the Christina S FR 224 was vitiated by procedural unfairness, as the petitioners were not provided with the evidence on which the decision was based prior to its implementation, denying them a meaningful opportunity to respond. This breach of natural justice also rendered the decision ultra vires under section 57(2) Scotland Act 1998 due to incompatibility with EU law and Convention rights. The quota/licence constituted a possession under Article 1 Protocol 1 ECHR, and the interference was not lawfully justified.

Court Disposition

decision quashed

Orders

  • Reduction of quota decision dated 10 April 2007 set aside
  • Respondents to reconsider quota allocation in accordance with procedural fairness