Scottish Human Rights Law Group

A local authority (Glasgow City Council) undertook emergency repairs to a property in 1997 after serving a series of repair notices to the petitioner, the property owner and her representative. They then sent her a bill £53,056.88 in respect of the works done.

She appealed under Section 50(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 against the decision to invoice her for these works, but on 4 July 2003 the Scottish Ministers determined that the expenses as invoiced by the Council; were recoverable from the petitioner. She then sought judicial review of this decision, submitting inter alia that in delaying to issue the determination until almost five years from the date the invoice was issued, the respondents had breached the reasonable time requirements of Article 6.  The petitioner’s argument that there had been a breach of her rights under Article 6 was upheld by the court.   

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