St Margarets Nursery LTD against City of Edinburgh Council (Court of Session) [2026] CSOH 37 (08 April 2026)

St Margarets Nursery LTD against City of Edinburgh Council (Court of Session) [2026] CSOH 37 (08 April 2026)

Proceedings were not raised within the statutory 30-day period after the pursuer ought to have known grounds for challenge; therefore, the action is time-barred under Regulation 88.

Citation
[2026] CSOH 37
Parties
Pursuer: St Margarets Nursery Limited; Defender: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
08 April 2026
Procedural Posture
Commercial Action / Judgment Following Debate
Outcome
Action dismissed as time-barred.
Legal Topics
Public Contracts (scotland) Regulations 2015, Time Limits for Procurement Challenges, Standing/title and Interest in Procurement Litigation
Public Procurement Administrative Law Public Contracts (scotland) Regulations 2015 Time Limits for Procurement Challenges Standing/title and Interest in Procurement Litigation

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Parties

St Margarets Nursery Limited

Pursuer

City of Edinburgh Council

Defender

Procedural Posture

Commercial Action / Judgment Following Debate

Legal Issues

  1. 1 Applicability of Public Contracts (Scotland) Regulations 2015 to Early Learning and Childcare Agreements (ECLAs)
  2. 2 Whether proceedings were raised within statutory time limits
  3. 3 Whether pursuer had title and interest to seek ineffectiveness order

Ratio Decidendi

Proceedings were not raised within the statutory 30-day period after the pursuer ought to have known grounds for challenge; therefore, the action is time-barred under Regulation 88.

Court Disposition

Action dismissed as time-barred.

Orders

  • Sustain first plea in law for defender
  • Repel remaining pleas for defender