Robbie The Pict v Miller Civil Engineering Ltd & Ors [2001] ScotCS 202 (8 August 2001)

Robbie The Pict v Miller Civil Engineering Ltd & Ors [2001] ScotCS 202 (8 August 2001)

The statutory ouster clause in Schedule 2 of the Roads (Scotland) Act 1984 bars any challenge to the validity of the Toll Order or assignation statement after the expiry of the prescribed time limit, and the assignation statement requirements and publication procedures were satisfied; no merit in the appeal.

Citation
[2001] ScotCS 202
Parties
Petitioner: Robbie The Pict; First Respondent: Miller Civil Engineering Limited; Third Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
08 August 2001
Procedural Posture
Reclaiming Motion (appeal) / Appeal From Refusal of Interdict
Outcome
Appeal refused
Legal Topics
Toll Orders, Assignation Statements, Jurisdictional Ouster Clauses, Statutory Interpretation
Administrative Law Public Law Roads and Transport Law Toll Orders Assignation Statements Jurisdictional Ouster Clauses Statutory Interpretation

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Parties

Robbie The Pict

Petitioner

Miller Civil Engineering Limited

First Respondent

Scottish Ministers

Third Respondent

Procedural Posture

Reclaiming Motion (appeal) / Appeal From Refusal of Interdict

Legal Issues

  1. 1 Validity of assignation statement for toll collection
  2. 2 Requirement of written consent for assignation
  3. 3 Adequacy of publication of assignation statement

Ratio Decidendi

The statutory ouster clause in Schedule 2 of the Roads (Scotland) Act 1984 bars any challenge to the validity of the Toll Order or assignation statement after the expiry of the prescribed time limit, and the assignation statement requirements and publication procedures were satisfied; no merit in the appeal.

Court Disposition

Appeal refused

Orders

  • No interdict granted
  • No further orders issued