Network Rail Infrastructure Ltd v The Scottish Ministers & Anor [2013] ScotCS CSIH_64 (11 June 2013)

Network Rail Infrastructure Ltd v The Scottish Ministers & Anor [2013] ScotCS CSIH_64 (11 June 2013)

The appellants failed to furnish the required documents within the time specified by article 4(3) of the 1975 Order, as extended by the Reporter's correspondence. The obligation to furnish documents was not satisfied by their availability online or by provision from other parties. Article 4(4) is mandatory and required the appeals to be treated as withdrawn.

Citation
[2013] ScotCS CSIH_64
Parties
Appellant: Network Rail Infrastructure Limited; First Respondent: Scottish Ministers; Second Respondent: Grange Estates (Newbattle) Ltd
Jurisdiction
Scotland
Judgment Date
11 June 2013
Procedural Posture
Appeal Under Section 29(1) of the Land Compensation (scotland) Act 1963 / Court of Session, Inner House, Second Division
Outcome
Appeals refused
Legal Topics
Land Compensation Certificates, Statutory Interpretation, Procedural Compliance, Appeal Withdrawal
Administrative Law Planning Law Compulsory Purchase Land Compensation Certificates Statutory Interpretation Procedural Compliance Appeal Withdrawal

Case Brief

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Parties

Network Rail Infrastructure Limited

Appellant

Scottish Ministers

First Respondent

Grange Estates (Newbattle) Ltd

Second Respondent

Procedural Posture

Appeal Under Section 29(1) of the Land Compensation (scotland) Act 1963 / Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether the Reporter erred in law by treating the appeals as withdrawn under article 4(4) of the Land Compensation (Scotland) Development Order 1975 due to failure to furnish documents within the prescribed period.
  2. 2 Whether the correspondence from the Reporter suspended or extended the time for furnishing documents under article 4(3).
  3. 3 Whether the act of making documents available online or by other parties satisfied the requirement to 'furnish' documents under article 4(3).

Ratio Decidendi

The appellants failed to furnish the required documents within the time specified by article 4(3) of the 1975 Order, as extended by the Reporter's correspondence. The obligation to furnish documents was not satisfied by their availability online or by provision from other parties. Article 4(4) is mandatory and required the appeals to be treated as withdrawn.

Court Disposition

Appeals refused

Orders

  • Appeals treated as withdrawn under article 4(4) of the Land Compensation (Scotland) Development Order 1975