Webster v. Orkney Islands Council [2011] ScotSC 21 (1 May 2011)

Webster v. Orkney Islands Council [2011] ScotSC 21 (1 May 2011)

The licensing authority erred in law by inverting the burden of proof and acted contrary to natural justice by failing to give the applicant adequate notice of the material to be relied upon, thereby rendering the decision to refuse the licences unlawful.

Citation
[2011] ScotSC 21
Parties
Pursuer: John David Webster; Defender: Orkney Islands Council
Jurisdiction
Scotland
Judgment Date
01 May 2011
Procedural Posture
Summary Application / Appeal Against Licensing Authority Decision
Outcome
Appeal allowed; licensing authority's decisions reversed.
Legal Topics
Taxi Licensing, Natural Justice, Burden of Proof, Procedural Fairness
Administrative Law Licensing Law Taxi Licensing Natural Justice Burden of Proof Procedural Fairness

Case Brief

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Parties

John David Webster

Pursuer

Orkney Islands Council

Defender

Procedural Posture

Summary Application / Appeal Against Licensing Authority Decision

Legal Issues

  1. 1 Whether the licensing authority erred in law by placing the burden of proof on the applicant
  2. 2 Whether the applicant was given adequate notice of the grounds for refusal
  3. 3 Whether the authority acted contrary to natural justice

Ratio Decidendi

The licensing authority erred in law by inverting the burden of proof and acted contrary to natural justice by failing to give the applicant adequate notice of the material to be relied upon, thereby rendering the decision to refuse the licences unlawful.

Court Disposition

Appeal allowed; licensing authority's decisions reversed.

Orders

  • The pursuer's appeal is allowed against the decisions of the defenders on 3 August 2010 to refuse the applications for grant and renewal of taxi licences.
  • The said decisions are reversed.