SCOTTISH FISHERMAN'S ORGANISATION LTD AND ANOTHER FOR JUDICIAL REVIEW OF A DECISION BY THE SCOTTISH MINISTERS [2024] ScotCS CSOH_27 (08 March 2024)

SCOTTISH FISHERMAN'S ORGANISATION LTD AND ANOTHER FOR JUDICIAL REVIEW OF A DECISION BY THE SCOTTISH MINISTERS [2024] ScotCS CSOH_27 (08 March 2024)

The Scottish Ministers acted within their statutory powers under the Fisheries Act 2020 in amending the economic link licence condition, as the Act's objectives include bringing economic benefits to the UK. The consultation process, though delayed, was not unfair as further consultation addressed material changes and petitioners had opportunity to make representations. The power was not exercised for an improper purpose, and no breach of procedural fairness or Article 1 Protocol 1 ECHR was established.

Citation
[2024] ScotCS CSOH_27
Parties
Petitioner: Scottish Fishermen's Organisation Limited; Petitioner: Shetland Fish Producers Organisation Limited; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
08 March 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Statutory Interpretation, Consultation Process, Licensing Powers, Economic Link Conditions, Ultra Vires, Procedural Fairness
Administrative Law Public Law Fisheries Law Statutory Interpretation Consultation Process Licensing Powers Economic Link Conditions Ultra Vires +1 more

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Parties

Scottish Fishermen's Organisation Limited

Petitioner

Shetland Fish Producers Organisation Limited

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Ministers exercised statutory power for an improper purpose in amending sea fishing licence conditions
  2. 2 Whether the consultation process leading to the decision was unfair
  3. 3 Whether relevant considerations were taken into account

Ratio Decidendi

The Scottish Ministers acted within their statutory powers under the Fisheries Act 2020 in amending the economic link licence condition, as the Act's objectives include bringing economic benefits to the UK. The consultation process, though delayed, was not unfair as further consultation addressed material changes and petitioners had opportunity to make representations. The power was not exercised for an improper purpose, and no breach of procedural fairness or Article 1 Protocol 1 ECHR was established.

Court Disposition

petition refused

Orders

  • Petition for reduction of the Scottish Ministers' decision refused.
  • No interim interdict granted.