Stannifer Developments Ltd v Glasgow Development Agency & Scottish Enterprise [1998] ScotCS 55 (5 November 1998)

Stannifer Developments Ltd v Glasgow Development Agency & Scottish Enterprise [1998] ScotCS 55 (5 November 1998)

The respondents did not breach section 8(1)(g) of the 1990 Act as the selection of Millers was based on a reasonable judgment of best consideration, considering factors beyond cash price, including deliverability and planning prospects. There was no breach of a duty to act fairly, as the process followed the announced procedure, and all shortlisted bidders had the opportunity to amend their bids. The approach to Millers after their selection as preferred developer did not invalidate the process or demonstrate unfairness.

Citation
[1998] ScotCS 55
Parties
Petitioner: Stannifer Developments Limited; First Respondent: Glasgow Development Agency; Second Respondent: Scottish Enterprise
Jurisdiction
Scotland
Judgment Date
05 November 1998
Procedural Posture
Judicial Review Petition / Reclaiming Motion (appeal) Against Interlocutor Dismissing Petition
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to; petition dismissed.
Legal Topics
Statutory Powers of Sale, Best Consideration in Public Asset Disposal, Procedural Fairness, Legitimate Expectation, Judicial Review of Administrative Decisions
Administrative Law Public Law Property Law Statutory Powers of Sale Best Consideration in Public Asset Disposal Procedural Fairness Legitimate Expectation Judicial Review of Administrative Decisions

Case Brief

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Parties

Stannifer Developments Limited

Petitioner

Glasgow Development Agency

First Respondent

Scottish Enterprise

Second Respondent

Procedural Posture

Judicial Review Petition / Reclaiming Motion (appeal) Against Interlocutor Dismissing Petition

Legal Issues

  1. 1 Whether the disposal of land by the respondents breached section 8(1)(g) of the Enterprise and New Towns (Scotland) Act 1990 by not obtaining the best consideration reasonably obtainable
  2. 2 Whether there was a breach of a duty to act fairly towards the petitioners in the selection process

Ratio Decidendi

The respondents did not breach section 8(1)(g) of the 1990 Act as the selection of Millers was based on a reasonable judgment of best consideration, considering factors beyond cash price, including deliverability and planning prospects. There was no breach of a duty to act fairly, as the process followed the announced procedure, and all shortlisted bidders had the opportunity to amend their bids. The approach to Millers after their selection as preferred developer did not invalidate the process or demonstrate unfairness.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to; petition dismissed.