Heather Isle Meats Ltd & Anor, Re [2001] ScotCS 226 (5 October 2001)

The Board was entitled to set criteria requiring exclusive dedication to the Scheme and minimum throughput capacity. No legitimate expectation arose from the alleged statements of Mr. McEwan, as he lacked authority to bind the Board. The Board's process was not procedurally unfair, and its rejection of the petitioners' proposal was not unreasonable in law.

Citation: [2001] ScotCS 226
Parties: Petitioner: Heather Isle Meats Limited; Petitioner: Heather Isle Auction Mart Limited; Respondent: Intervention Board Executive Agency; Respondent: Scottish Ministers (SEERAD)
Jurisdiction: Scotland
Judgment Date: 05 October 2001
Procedural Posture: Judicial Review / Final Judgment
Outcome: petition dismissed
Legal Topics: Legitimate Expectation, Procedural Fairness, Reasonableness of Administrative Action, Policy Discretion

Administrative Law Public Law Legitimate Expectation Procedural Fairness Reasonableness of Administrative Action Policy Discretion

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Parties

Heather Isle Meats Limited

Petitioner

Heather Isle Auction Mart Limited

Petitioner

Intervention Board Executive Agency

Respondent

Scottish Ministers (SEERAD)

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the petitioners had a legitimate expectation to be considered for inclusion in the Livestock Welfare Disposal Scheme-Light Lambs
2 Whether the Board's process was procedurally unfair
3 Whether the Board's policy requiring exclusive dedication to the Scheme was unreasonable

Ratio Decidendi

Court Disposition

petition dismissed