Todd v Scottish Qualifications Authority [2001] ScotCS 170 (29 June 2001)

Todd v Scottish Qualifications Authority [2001] ScotCS 170 (29 June 2001)

The pursuer lacks title and interest to sue as he is not a user of SQA services; SQA's statutory duty is not absolute and does not extend to the pursuer; no relevant averments support a claim under Article 9 ECHR; action is irrelevant and bound to fail.

Citation
[2001] ScotCS 170
Parties
Pursuer: Andrew Todd; Defender: Scottish Qualifications Authority
Jurisdiction
Scotland
Judgment Date
29 June 2001
Procedural Posture
Civil / Procedure Roll (motion to Dismiss)
Outcome
action dismissed
Legal Topics
Statutory Duties of Public Bodies, Assessment of Pupils, Title and Interest to Sue, Article 9 ECHR
Administrative Law Education Law Human Rights Law Statutory Duties of Public Bodies Assessment of Pupils Title and Interest to Sue Article 9 ECHR

Case Brief

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Parties

Andrew Todd

Pursuer

Scottish Qualifications Authority

Defender

Procedural Posture

Civil / Procedure Roll (motion to Dismiss)

Legal Issues

  1. 1 Whether SQA breached statutory duties under Education (Scotland) Act 1996
  2. 2 Whether pursuer has title and interest to sue
  3. 3 Whether SQA's actions violated pursuer's rights under Article 9 ECHR

Ratio Decidendi

The pursuer lacks title and interest to sue as he is not a user of SQA services; SQA's statutory duty is not absolute and does not extend to the pursuer; no relevant averments support a claim under Article 9 ECHR; action is irrelevant and bound to fail.

Court Disposition

action dismissed

Orders

  • defender's pleas-in-law sustained
  • action dismissed