ROBBIE THE PICT v. MILLER CIVIL ENGINEERING LTD AND OTHERS [2001] ScotHC 81 (8th August, 2001)

ROBBIE THE PICT v. MILLER CIVIL ENGINEERING LTD AND OTHERS [2001] ScotHC 81 (8th August, 2001)

The court has no jurisdiction to consider the validity of the Toll Order or assignation statement due to the statutory ouster clause and expiry of the time limit for challenge. The assignation statement met statutory requirements at the time of publication, and no updating or further publication was required. The procedures for publication were properly followed.

Citation
[2001] ScotHC 81
Parties
Petitioner/reclaimer: Robbie the Pict; Respondents: Miller Civil Engineering Limited and Others
Jurisdiction
Scotland
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Extra Division, Court of Session – Appeal From Lord Ordinary
Outcome
Appeal refused
Legal Topics
Toll Orders, Judicial Review, Statutory Interpretation, Ouster Clauses, Publication Requirements
Administrative Law Public Law Transport Law Toll Orders Judicial Review Statutory Interpretation Ouster Clauses Publication Requirements

Case Brief

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Parties

Robbie the Pict

Petitioner/reclaimer

Miller Civil Engineering Limited and Others

Respondents

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Extra Division, Court of Session – Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the assignation statement regarding toll collection for the Skye Bridge complied with statutory requirements
  2. 2 Whether the right to collect tolls was validly assigned and published
  3. 3 Whether the court had jurisdiction to consider the validity of the Toll Order after expiry of statutory time limits

Ratio Decidendi

The court has no jurisdiction to consider the validity of the Toll Order or assignation statement due to the statutory ouster clause and expiry of the time limit for challenge. The assignation statement met statutory requirements at the time of publication, and no updating or further publication was required. The procedures for publication were properly followed.

Court Disposition

Appeal refused

Orders

  • Appeal refused; no merit in any of the points presented by the reclaimer.