To demonstrate an error of law in a decision, the petitioner is required to show that the decision maker had failed to take into account a consideration which was both relevant and material.
Lord President Emslie
1984 SLT 345
Cited – Mohammadi v Advocate General Scotland HCJ 2-May-2003
The applicant had claimed asylum. His claim had been rejected and an order made for repatriation to Iran. His appeal was lodged two days out of time. He appealed its rejection. The solicitors accepted full responsibility for the delay.
Held: . .
Cited – Land Securities Group Plc v Scottish Ministers and others HL 25-Oct-2006
Objection had been made to a proposed shopping centre on the site of the former Ravenscraig steel mills, saying that it would provide excess capacity and went against the policy that priority should be given to permissions for town centres. The plan . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 May 2022; Ref: scu.181862