Rotala Plc (R on the application of) v Greater Manchester Combined Authority

Rotala Plc (R on the application of) v Greater Manchester Combined Authority

There is no statutory obligation to obtain a further audit report under s.123D after the original assessment and consultation; the statutory scheme is clear and does not require revisiting the audit in light of subsequent events such as the Covid-19 pandemic. The decision to proceed without a further audit was not...

Source-derived case information.

Parties
Appellant: Rotala PLC; Respondent: Greater Manchester Combined Authority; Respondent: The Mayor of Greater Manchester; Interested Party: Stagecoach Group PLC; Interested Party: Greater Manchester Bus Operators Association Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2022
Procedural Posture
Judicial Review / Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Audit Requirements, Public Consultation, Irrationality Grounds, Transport Act 2000, Bus Services Act 2017
Administrative Law Statutory Interpretation Public Transport Regulation Statutory Audit Requirements Public Consultation Irrationality Grounds Transport Act 2000 Bus Services Act 2017

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Summary, issues, holding and outcome

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Parties

Rotala PLC

Appellant

Greater Manchester Combined Authority

Respondent

The Mayor of Greater Manchester

Respondent

Stagecoach Group PLC

Interested Party

Greater Manchester Bus Operators Association Limited

Interested Party

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether the Greater Manchester Combined Authority was required to obtain a further audit report under s.123D of the Transport Act 2000 after the Covid-19 pandemic before making the franchising decision
  2. 2 Whether it was irrational for the Authority and Mayor to proceed without a further audit report

Ratio Decidendi

There is no statutory obligation to obtain a further audit report under s.123D after the original assessment and consultation; the statutory scheme is clear and does not require revisiting the audit in light of subsequent events such as the Covid-19 pandemic. The decision to proceed without a further audit was not irrational.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no further audit required under s.123D; decision of the Mayor and GMCA upheld.