AP, Burns and Millbank v Lord Advocate

Judicial review – Judicial review procedure – Permission stage – Oral hearing – Right to fair hearing. Court of Session: Refusing three judicial review petitions in which the petitioners, who had previously lodged petitions for judicial review in which permission was refused on the papers and a request for review at an oral hearing was then also refused, complained that a procedure whereby a petition could be determined adversely to the petitioner by refusal of permission without any oral hearing on the question of permission, and without a right of appeal, was not compatible with their rights to a fair hearing, the court held that the potential absence of an oral hearing and/or appeal were not inconsistent with the petitioners' rights under art 6 of the European Convention on Human Rights.

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