S.S. v. CITY OF EDINBURGH COUNCIL [1999] ScotSC 13 (30th April, 1999)

S.S. v. CITY OF EDINBURGH COUNCIL [1999] ScotSC 13 (30th April, 1999)

The appeal was dismissed because, with the passage of time, the relief sought was no longer achievable and further proceedings would have no practical utility.

Citation
[1999] ScotSC 13
Parties
Applicant: S.; Respondents: CITY OF EDINBURGH COUNCIL
Jurisdiction
Scotland
Procedural Posture
Summary Application Appeal / Appeal Before Sheriff Principal
Outcome
Appeal dismissed
Legal Topics
Placing Requests, Early School Admission, Appeal Procedure, Competency of Application
Education Law Administrative Law Placing Requests Early School Admission Appeal Procedure Competency of Application

Case Brief

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Parties

S.

Applicant

CITY OF EDINBURGH COUNCIL

Respondents

Procedural Posture

Summary Application Appeal / Appeal Before Sheriff Principal

Legal Issues

  1. 1 Whether the appeal has practical utility given passage of time
  2. 2 Competency of placing request under Education (Scotland) Act 1980
  3. 3 Interpretation of 'child' under section 28A

Ratio Decidendi

The appeal was dismissed because, with the passage of time, the relief sought was no longer achievable and further proceedings would have no practical utility.

Court Disposition

Appeal dismissed

Orders

  • Applicant liable for expenses of withdrawn appeal; account to be taxed by Auditor of Court
  • Motion to modify applicant's liability for expenses to nil refused