RAF Association Club v Dumfries & Galloway Council [2000] ScotCS 101 (7 April 2000)

RAF Association Club v Dumfries & Galloway Council [2000] ScotCS 101 (7 April 2000)

The Council's original decision of 21 December 1993 to refuse discretionary rates relief to the Club was never abrogated or overturned by subsequent meetings or correspondence. There is no evidence that the Council failed to exercise discretion or applied a fixed policy without regard to the Club's circumstances. The petition for judicial review is ill-founded and must be dismissed.

Citation
[2000] ScotCS 101
Parties
Petitioner: Royal Air Force Association Club; Respondent: Dumfries and Galloway Council
Jurisdiction
Scotland
Judgment Date
07 April 2000
Procedural Posture
Judicial Review / First Hearing, Opinion Issued, Case Put Out by Order
Outcome
Petition for judicial review dismissed; case put out By Order.
Legal Topics
Rates Relief, Discretionary Relief, Judicial Review, Ultra Vires, Exhaustion of Remedies
Administrative Law Local Government Law Rates Relief Discretionary Relief Judicial Review Ultra Vires Exhaustion of Remedies

Case Brief

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Parties

Royal Air Force Association Club

Petitioner

Dumfries and Galloway Council

Respondent

Procedural Posture

Judicial Review / First Hearing, Opinion Issued, Case Put Out by Order

Legal Issues

  1. 1 Whether the Council failed to exercise discretion or applied a fixed policy in refusing discretionary rates relief to the Club
  2. 2 Whether the original decision of 21 December 1993 was abrogated or overturned
  3. 3 Whether judicial review was competent given alleged failure to exhaust remedies

Ratio Decidendi

The Council's original decision of 21 December 1993 to refuse discretionary rates relief to the Club was never abrogated or overturned by subsequent meetings or correspondence. There is no evidence that the Council failed to exercise discretion or applied a fixed policy without regard to the Club's circumstances. The petition for judicial review is ill-founded and must be dismissed.

Court Disposition

Petition for judicial review dismissed; case put out By Order.

Orders

  • Case put out By Order; no interlocutor pronounced at this stage.