Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Application for leave to appeal to the Judicial Committee of the Privy Council under the Scotland Act 1998, Schedule 6 paragraph 13(b)
[1] The circumstances in which this appeal was brought to the Court of Session under section 51(11) of the Children (Scotland) Act 1995, the issues which were raised in the appeal and the decisions made by the court on those issues are all set forth in detail in the Opinion of the Court dated 26 June 2003, to which we make reference. On 25 September 2003, there came before us an application for leave to appeal to the Judicial Committee of the Privy Council under paragraph 13(b) of Schedule 6 of the Scotland Act 1988. It provides as follows:
there is no appeal to the House of Lords, shall lie to the Judicial Committee, but only with leave of the court concerned or, failing such leave, with special leave of the Judicial Committee."
[2] Senior counsel for the second named appellant went on to elaborate the nature of the devolution issue which she contended had been determined in the appeal. It was one falling within the definition contained in paragraph 1(e) of Schedule 6 to the 1998 Act, that is to say,
"a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights or with Community law."
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.