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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown, Re Judicial Review [2003] ScotCS 158 (30 May 2003) URL: http://www.bailii.org/scot/cases/ScotCS/2003/158.html Cite as: [2003] ScotCS 158 |
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OUTER HOUSE, COURT OF SESSION |
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OPINION OF LORD SUTHERLAND in the Petition of LESLIE BROWN Petitioner; For
Judicial Review of a decision of the Scottish Ministers
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Petitioner: Targowski, Q.C., Hughes; HBM Sayers
Respondents: Doherty, Q.C., Crawford; R. Henderson
30 May 2003
[1] This case is running parallel with a petition at the instance of Robert Bruce Wright and the argument in the two petitions was heard together. Counsel for the petitioner in this case adopted the arguments put forward in the case of Wright. One additional matter which he raised was that a letter had apparently been written containing additional representations on 1 June 2001. There appears to be no copy of this letter and certainly there is none in process. Counsel maintained that reference was made to that letter in a letter from the Scottish Executive Justice Department dated 11 June 2001 and indicating that it was going to be taken into account in considering the decision of the Ministers. Counsel submitted that as the order was made on 12 June 2001, this is a clear indication that the respondents did not give adequate and proper consideration to these representations. I am however unable to accept this argument, because it is clear that on 11 June communication was made with the authorities in Estonia, who gave a reply by fax on 12 June. The fact that the respondents were prepared to deal with this matter with commendable expedition does not in my opinion show that they have failed adequately to take account of the representations which were made. [2] I shall repel pleas 1 and 4 in this petition for the same reasons as given in my opinion in the case of Wright.