Graham, Chief Constable Fife Constabulary, Re Judicial Review [2010] ScotCS CSOH_166 (15 December 2010)

Graham, Chief Constable Fife Constabulary, Re Judicial Review [2010] ScotCS CSOH_166 (15 December 2010)

The Tribunal erred in law by allowing the new ground of appeal, which had already been considered and rejected as lacking merit in prior proceedings. No reasonable Tribunal would have allowed the new ground given the absence of prejudice and the lack of a stateable point of law.

Source-derived case information.

Citation
[2010] ScotCS CSOH_166
Parties
Petitioner: Norma Graham, Chief Constable, Fife Constabulary; Respondent: William Crawford
Jurisdiction
Scotland
Judgment Date
15 December 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision reduced
Legal Topics
Judicial Review, Police Appeals Tribunal, Procedural Fairness, Standard of Proof, Amendment of Grounds of Appeal
Administrative Law Police Law Judicial Review Police Appeals Tribunal Procedural Fairness Standard of Proof Amendment of Grounds of Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Norma Graham, Chief Constable, Fife Constabulary

Petitioner

William Crawford

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Police Appeals Tribunal erred in law or acted unreasonably in allowing an additional ground of appeal and permitting new evidence.
  2. 2 Whether the Tribunal failed to consider material factors such as delay, prejudice, and merit of the new ground.

Ratio Decidendi

The Tribunal erred in law by allowing the new ground of appeal, which had already been considered and rejected as lacking merit in prior proceedings. No reasonable Tribunal would have allowed the new ground given the absence of prejudice and the lack of a stateable point of law.

Court Disposition

decision reduced

Orders

  • The Tribunal's decision intimated on 26 March 2010 is reduced.
  • Case to be put out by order for further procedural steps and expenses.