Robbie The Pict v Miller Civil Engineering Ltd & Ors [1999] ScotCS 66 (3 March 1999)

Robbie The Pict v Miller Civil Engineering Ltd & Ors [1999] ScotCS 66 (3 March 1999)

The petitioner, not being a party to the concession agreement, had no standing to challenge the arrangements for toll collection or to insist on the form of consent required between the Secretary of State and Skye Bridge Limited. The Secretary of State's written pleadings constituted written consent to the arrangements, and the contractual documents established that MCE, as a partner in the joint venture, was authorised to collect tolls on behalf of the concessionaire. The petition was therefore irrelevant and must be refused.

Citation
[1999] ScotCS 66
Parties
Petitioner: Robbie The Pict; First Respondent: Miller Civil Engineering Limited; Second Respondent: Secretary of State for Scotland; Third Respondent: Skye Bridge Limited
Jurisdiction
Scotland
Judgment Date
03 March 1999
Procedural Posture
Petition for Interdict / Opinion (final Judgment)
Outcome
Petition refused
Legal Topics
Authority to Collect Tolls, Consent Requirements in Concession Agreements, Public Rights in Toll Collection, Agency and Sub Contracting in Public Infrastructure
Administrative Law Contract Law Public Law Authority to Collect Tolls Consent Requirements in Concession Agreements Public Rights in Toll Collection Agency and Sub Contracting in Public Infrastructure

Case Brief

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Parties

Robbie The Pict

Petitioner

Miller Civil Engineering Limited

First Respondent

Secretary of State for Scotland

Second Respondent

Skye Bridge Limited

Third Respondent

Procedural Posture

Petition for Interdict / Opinion (final Judgment)

Legal Issues

  1. 1 Whether Miller Civil Engineering Limited (MCE) had lawful authority to collect tolls on the Skye Bridge
  2. 2 Whether written consent from the Secretary of State was required and given for sub-contracting toll collection
  3. 3 Whether the petitioner had standing to challenge the arrangements based on the concession agreement

Ratio Decidendi

The petitioner, not being a party to the concession agreement, had no standing to challenge the arrangements for toll collection or to insist on the form of consent required between the Secretary of State and Skye Bridge Limited. The Secretary of State's written pleadings constituted written consent to the arrangements, and the contractual documents established that MCE, as a partner in the joint venture, was authorised to collect tolls on behalf of the concessionaire. The petition was therefore irrelevant and must be refused.

Court Disposition

Petition refused