Highland and Islands Airport Ltd v Shetland Islands Council [2015] ScotCS CSIH_52 (03 July 2015)

Highland and Islands Airport Ltd v Shetland Islands Council [2015] ScotCS CSIH_52 (03 July 2015)

The court held that the case is mainly concerned with Scottish practice and procedure, particularly the form of the writ and the terms of the declarator sought, and does not raise arguable points of law of general importance to merit consideration by the Supreme Court. Leave to appeal was refused.

Citation
[2015] ScotCS CSIH_52
Parties
Pursuer and Respondent: Highlands and Islands Airport Limited; Defender and Reclaimer: Shetland Islands Council
Jurisdiction
Scotland
Judgment Date
03 July 2015
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal to the United Kingdom Supreme Court
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Declaratory Relief, Scottish Practice and Procedure
Civil Procedure Leave to Appeal Declaratory Relief Scottish Practice and Procedure

Case Brief

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Parties

Highlands and Islands Airport Limited

Pursuer and Respondent

Shetland Islands Council

Defender and Reclaimer

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal to the United Kingdom Supreme Court

Legal Issues

  1. 1 Whether the case raises arguable points of law of general importance to merit consideration by the Supreme Court
  2. 2 Whether the form of the writ and the terms of the declarator sought constitute a relevant claim

Ratio Decidendi

The court held that the case is mainly concerned with Scottish practice and procedure, particularly the form of the writ and the terms of the declarator sought, and does not raise arguable points of law of general importance to merit consideration by the Supreme Court. Leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal to the United Kingdom Supreme Court is refused.