Caledonian Heritable Ltd v. East Lothian Council [2006] ScotSC 39 (28 April 2006)

Caledonian Heritable Ltd v. East Lothian Council [2006] ScotSC 39 (28 April 2006)

The notice served by East Lothian Council is not so inspecific or inaccurate as to be incompetent at this stage; its adequacy and the factual context require proof. The deficiencies alleged by the pursuers may be addressed at a hearing of evidence, and the notice is not quashed without proof.

Citation
[2006] ScotSC 39
Parties
Pursuer: Caledonian Heritable Limited; Defender: East Lothian Council
Jurisdiction
Scotland
Judgment Date
28 April 2006
Procedural Posture
Summary Application / Interlocutory Ruling on Preliminary Plea
Outcome
Pursuers' motion for decree quashing the notice refused; proof before answer allowed
Legal Topics
Statutory Access Rights, Land Reform (scotland) Act 2003, Validity of Statutory Notices, Management Agreements, Planning Permission Conditions
Property Law Administrative Law Planning Law Statutory Access Rights Land Reform (scotland) Act 2003 Validity of Statutory Notices Management Agreements Planning Permission Conditions

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Parties

Caledonian Heritable Limited

Pursuer

East Lothian Council

Defender

Procedural Posture

Summary Application / Interlocutory Ruling on Preliminary Plea

Legal Issues

  1. 1 Whether the notice served under section 14(2) of the Land Reform (Scotland) Act 2003 is sufficiently specific to be valid
  2. 2 Whether the notice fails due to lack of specification of land over which access rights are exercisable
  3. 3 Whether inaccuracies in the notice render it incompetent

Ratio Decidendi

The notice served by East Lothian Council is not so inspecific or inaccurate as to be incompetent at this stage; its adequacy and the factual context require proof. The deficiencies alleged by the pursuers may be addressed at a hearing of evidence, and the notice is not quashed without proof.

Court Disposition

Pursuers' motion for decree quashing the notice refused; proof before answer allowed

Orders

  • Appoints cause to hearing of evidence, leaving all pleas standing
  • Assigns procedural diet to fix dates for hearing and deal with expenses