Forbes (FE) & Anor v Aberdeenshire Council [2010] ScotCS CSOH_142 (27 October 2010)

Forbes (FE) & Anor v Aberdeenshire Council [2010] ScotCS CSOH_142 (27 October 2010)

Petitioner is liable in expenses to both respondents upon abandonment of petition; no sist pending legal aid review; court reserves leave to pronounce further orders on modification of expenses and additional fee within a finite period.

Citation
[2010] ScotCS CSOH_142
Parties
Petitioner: Mary Buchan Forbes (FE); First Respondent: Aberdeenshire Council; Second Respondent: Trump International Golf Links
Jurisdiction
Scotland
Judgment Date
27 October 2010
Procedural Posture
Judicial Review / Motion Hearing and Abandonment
Outcome
Petition dismissed; hearing discharged; petitioner found liable in expenses to both respondents; leave reserved for further orders on modification of expenses and additional fee.
Legal Topics
Judicial Review, Planning Permission, Legal Aid, Expenses, Abandonment of Proceedings
Administrative Law Planning Law Environmental Law Judicial Review Planning Permission Legal Aid Expenses Abandonment of Proceedings

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Parties

Mary Buchan Forbes (FE)

Petitioner

Aberdeenshire Council

First Respondent

Trump International Golf Links

Second Respondent

Procedural Posture

Judicial Review / Motion Hearing and Abandonment

Legal Issues

  1. 1 Whether the petition should be abandoned and hearing discharged
  2. 2 Whether expenses should be reserved or awarded immediately
  3. 3 Whether the cause should be sisted pending legal aid review

Ratio Decidendi

Petitioner is liable in expenses to both respondents upon abandonment of petition; no sist pending legal aid review; court reserves leave to pronounce further orders on modification of expenses and additional fee within a finite period.

Court Disposition

Petition dismissed; hearing discharged; petitioner found liable in expenses to both respondents; leave reserved for further orders on modification of expenses and additional fee.

Orders

  • Refused petitioner's motion to sist proceedings pending legal aid review.
  • Dismissed petition in terms of Rule of Court 29.3.