Edinburgh Council v. Forsyth [2006] ScotSC 21 (24 March 2006)

Edinburgh Council v. Forsyth [2006] ScotSC 21 (24 March 2006)

The appeal was refused for the reasons given in the note appended to the interlocutor in the related case of The City of Edinburgh Council v Dawn Salteri, indicating the Sheriff Principal found no error in the Sheriff's refusal of the application.

Citation
[2006] ScotSC 21
Parties
Pursuer and Appellant: The City of Edinburgh Council; Defender and Respondent: Nicholas Forsyth
Jurisdiction
Scotland
Judgment Date
24 March 2006
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal refused; Sheriff's interlocutor adhered to
Legal Topics
Appeal Against Refusal of Licensing Application, Civic Government (scotland) Act 1982 Section 3(2)
Administrative Law Licensing Law Appeal Against Refusal of Licensing Application Civic Government (scotland) Act 1982 Section 3(2)

Case Brief

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Parties

The City of Edinburgh Council

Pursuer and Appellant

Nicholas Forsyth

Defender and Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Sheriff erred in refusing the application under section 3(2) of the Civic Government (Scotland) Act 1982

Ratio Decidendi

The appeal was refused for the reasons given in the note appended to the interlocutor in the related case of The City of Edinburgh Council v Dawn Salteri, indicating the Sheriff Principal found no error in the Sheriff's refusal of the application.

Court Disposition

appeal refused; Sheriff's interlocutor adhered to

Orders

  • appeal refused
  • Sheriff's interlocutor of 17 October 2005 adhered to