Charles O’neill And William Lauchlan For Judicial Review
| Jurisdiction | Scotland |
| Judge | Lord Brailsford |
| Neutral Citation | [2020] CSOH 28 |
| Docket Number | P152/19 |
| Date | 03 March 2020 |
| Court | Court of Session |
| Published date | 03 March 2020 |
OUTER HOUSE, COURT OF SESSION
[2020] CSOH 28
P152/19
OPINION OF LORD BRAILSFORD
In the cause
CHARLES O’NEILL and WILLIAM LAUCHLAN
Pursuer
for
Judicial Review
Of a decision by the Scottish Ministers to refuse to re-instate telephone contact between
them
Defender
Pursuer: Leighton; Drummond Miller LLP
Defender: Reid; The Scottish Ministers (Scottish Government Legal Directorate)
3 March 2020
[1] The petitioners are convicted life prisoners. They seek reduction of a decision to
withdraw permission to telephone each other; declarator that they ought to be treated as
near relatives for the purpose of a policy in relation to telephone calls by prisoners and
declarator of a breach of their Article 8 rights in refusing permission for them to telephone
each other. The respondents are the Scottish Ministers.
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Reclaiming Motion By Terri Mccue For Judicial Review Against A Decision Of Glasgow City Council
...the SPSO was that it represented a separate and independent jurisdiction to the court, as explained in O'Neill v The Scottish Ministers [2020] CSOH 28, para 23. Section 7(8) made clear the separate and distinctive roles of the Ombudsman on one hand and the courts on another. Requiring the O......