PETITION OF GREENE KING LTD AND OTHERS FOR JUDICIAL REVIEW OF THE TIED PUBS (SCOTLAND) ACT 2021 [2022] ScotCS CSOH_89 (09 December 2022)

PETITION OF GREENE KING LTD AND OTHERS FOR JUDICIAL REVIEW OF THE TIED PUBS (SCOTLAND) ACT 2021 [2022] ScotCS CSOH_89 (09 December 2022)

The Tied Pubs (Scotland) Act 2021 does not relate to the reserved matter of competition under the Scotland Act 1998, as its purpose is to regulate contractual fairness between landlords and tied-pub tenants, not the competitive structure of the market. The Act is not incompatible with A1P1 rights, as any...

Source-derived case information.

Citation
[2022] ScotCS CSOH_89
Parties
Petitioner: Greene King Limited; Petitioner: Hawthorn Leisure Limited; Petitioner: Punch Taverns Limited; Respondent: Lord Advocate (Scottish Government)
Jurisdiction
Scotland
Judgment Date
09 December 2022
Procedural Posture
Judicial Review / Substantive Hearing at First Instance
Outcome
Petition refused
Legal Topics
Legislative Competence, Devolution, Competition Law, Property Rights, Contractual Fairness, Judicial Review
Constitutional Law Human Rights Law Commercial Law Legislative Competence Devolution Competition Law Property Rights Contractual Fairness +1 more

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Parties

Greene King Limited

Petitioner

Hawthorn Leisure Limited

Petitioner

Punch Taverns Limited

Petitioner

Lord Advocate (Scottish Government)

Respondent

Procedural Posture

Judicial Review / Substantive Hearing at First Instance

Legal Issues

  1. 1 Whether the Tied Pubs (Scotland) Act 2021 is outside the legislative competence of the Scottish Parliament as relating to the reserved matter of competition under the Scotland Act 1998
  2. 2 Whether the Act is incompatible with Article 1 of the First Protocol to the European Convention on Human Rights (A1P1) regarding peaceful enjoyment of possessions

Ratio Decidendi

The Tied Pubs (Scotland) Act 2021 does not relate to the reserved matter of competition under the Scotland Act 1998, as its purpose is to regulate contractual fairness between landlords and tied-pub tenants, not the competitive structure of the market. The Act is not incompatible with A1P1 rights, as any proportionality assessment is premature until the code is drafted, and the Act pursues a legitimate objective. The petitioners' challenge fails on both grounds.

Court Disposition

Petition refused

Orders

  • Third and fourth pleas-in-law for the respondent sustained
  • Petition refused