Case considering the grant of planning permission for a wind farm at Fallago Rig in the Lammermuir Hills. Due to the large capacity of the development, consent was required by the Scottish Ministers in terms of the Electricity Act 1989. Consent was granted by the Scottish Ministers by a decision letter in November 2010. In terms of the legislation that consent is also deemed to be planning permission for the development. There were a number of interested parties who objected to the de ...
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The reclaimer suffered from a mental disorder and was detained in Leverndale Hospital, Glasgow in terms of a compulsion order under the Criminal Procedure (Scotland) Act 1995. The reclaimer sought judicial review of the failure by the respondents to draft and lay regulations under sections 268(11) and (12) of the Mental Health (Care and Treatment) (Scotland) Act 2003 before the Scottish Parliament. In August 2008, the Lord Ordinary found that the respondents were not obliged to draft and lay suc ...
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In this application for judicial review, the petitioner sought firstly to reduce to a decision of Angus Council made on 1 February 2010, upheld on review on 21 April 2010 and adhered to on 7 July 2010 that she was intentionally homeless and, secondly, declarator that the respondents were under a statutory duty to secure permanent accommodation available for her occupation. The respondents had made their decisions on the basis that they believed the petitioner had made herself intentionally hom ...
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In this action, the petitioner sought judicial review of a taxation of expenses by the Auditor of the Court of Session. The expenses had been awarded against the petitioner following an unsuccessful action, brought against the first respondents to the present petition. The petitioner submitted that the Auditor lacked impartiality when assessing expenses in her unsuccessful action, because of connections between the petitioner, the Auditor and Messrs Shepherd & Wedderburn WS. Th ...
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The petitioner was a patient in the State Hospital, which had decided in October 2009 to cease allowing visitors to bring food parcels for patients; to stop allowing patients to purchase food from external sources; and to introduce a fiscal pricing policy in the hospital shop. This pricing policy was designed to make purchases of low fat and low sugar foodstuffs and drinks a more financially attractive option than the full fat, high sugar versions. The respondent’s reasoning for this decis ...
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This reclaiming motion raised the issue of nature and extent of the court’s power, if any, to refuse to grant an application for first orders in a petition for judicial review. The question arose in the context of an immigration case but the Inner House noted that the issue was one of general significance for all judicial review proceedings. The petitioner appealed against a decision of respondent made in 2009, where the respondent had refused to accept that further representations on th ...
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On 27 January 2010, the Scottish Parliament passed the Tobacco & Primary Medical Services (Scotland) Act 2010, Part 1 of which was designed to prohibit the display of tobacco products at the point of sale, and the use of vending machines to sell tobacco products. Sections 1 and 9 of the Act created these offences, though no commencement order has yet been made to bring these provisions into force. The petitioner was engaged in the manufacture, marketing and sale of tobacco products, and so ...
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The petitioner had been a taxi driver for some 30 years, and was a member of Hamilton T.O.A. Radio Cars, an association for taxi drivers operating within the Hamilton area. On 15 October 2007, the Disciplinary Committee of the association upheld a complaint brought against the petitioner by an account customer; the petitioner sought to bring that decision under review, arguing that the penalty imposed on him was incompetent in terms of the association’s written constitution. The petition ...
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Petition for judicial review of a decision of the Scottish Legal Aid Board to refuse to grant sanction for the employment of junior counsel:- The petitioner, along with seven other individuals, was indicted to Glasgow Sheriff Court on an indictment containing ten charges in total and libelling six charges against him under the Copyright, Design and Patents Act 1988, and the Trademarks Act 1994. Here the petitioner sought judicial review of decisions made by the Scottish Legal Aid Board ...
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The petitioner, a South African national, arrived in the United Kingdom in 1995 as a visitor. Whilst living here he married a British citizen and was granted indefinite leave to remain in the United Kingdom. On 19 February 2008 he pled guilty in the High Court of Justiciary to two charges of armed robbery and he was subsequently sentenced to eight and a half years' imprisonment. He is a "foreign national prisoner" for the purposes of immigration law and is currently serving his sentence in HMP K ...
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