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Damages and compensation – Miscarriage of justice – Ex gratia compensation scheme. Court of Session: Refusing a reclaiming motion in judicial review proceedings in which the petitioner, whose rape conviction was quashed on appeal, challenged decisions refusing his application under a non-statutory ex gratia scheme for compensating persons who had spent time in custody following wrongful conviction, the court, agreeing with the Lord Ordinary, held that the Scottish Ministers' decision letters did not demonstrate rational and adequately reasoned exercises of their undoubtedly wide discretion in determining whether there were, in the petitioner's case, exceptional circumstances that justified compensation.
Damages and compensation – Miscarriage of justice – Ex gratia compensation scheme. Court of Session: Refusing a reclaiming motion in judicial review proceedings in which the petitioner, whose rape conviction was quashed on appeal, challenged decisions refusing his application under a non-statutory ex gratia scheme for compensating persons who had spent time in custody following wrongful conviction, the court, agreeing with the Lord Ordinary, held that the Scottish Ministers' decision letters did not demonstrate rational and adequately reasoned exercises of their undoubtedly wide discretion in determining whether there were, in the petitioner's case, exceptional circumstances that justified compensation.
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