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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Shetland Islands Council, Re Judicial Review [2012] ScotCS CSOH_11 (20 January 2012)
URL: http://www.bailii.org/scot/cases/ScotCS/2012/2012CSOH11.html
Cite as: [2012] ScotCS CSOH_11
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OUTER HOUSE, COURT OF SESSION
[2012] CSOH 11
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P772/11
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OPINION OF LORD MENZIES
in the Petition of
SHETLAND ISLANDS COUNCIL
Petitioners;
for
Judicial Review of a decision of an Adjudicator dated 24 June 2011
ญญญญญญญญญญญญญญญญญ________________
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Petitioners: MacColl; Brodies LLP
Respondents: Howie, Q.C.; Burness LLP
20 January 2012
[1] In this petition the petitioners seek reduction of the decision of an adjudicator dated 24 June 2011 on the basis that he reached his decision in breach of the rules of natural justice. The facts are fully narrated in my Opinion of even date in the commercial action at the instance of Highlands and Islands Airports Limited against the petitioners, [2012] CSOH 12.
[2] The issues raised in this petition are identical to the issues raised in that commercial action. Although not formally conjoined, the second hearing in the present petition was held on the same two days as the proof before answer in the commercial action. For the reasons given in my Opinion in that action, I propose to grant the prayer of this petition and reduce the decision of the adjudicator dated 24 June 2011. However, as both parties wished to have the opportunity to consider my reasoning before interlocutors were pronounced in the commercial action and these petition proceedings, this matter will be put out By Order in early course to enable this to be done.