Scottish Court of Session Decisions

EXTRA DIVISION, INNER HOUSE, COURT OF SESSION

[2015] CSIH 52

A532/11

Lady Paton

Lord Menzies

Lord Drummond Young

OPINION OF THE COURT

delivered by LADY PATON

in the application by the defender and reclaimer for leave to appeal to the United Kingdom Supreme Court

in the cause

HIGHLANDS AND ISLANDS AIRPORT LIMITED

Pursuer and respondent;

against

SHETLAND ISLANDS COUNCIL

Defender and reclaimer:

Act:  Duthie;  Burness Paull LLP

Alt:  Lord Davidson of Glen Clova QC;  Brodies LLP

17 June 2015

[1]        We are persuaded by the respondent’s third ground of opposition that this case is concerned mainly with Scottish practice and procedure.  The issues relate to the form of a writ, and in particular the precise terms of the declarator sought, with supporting articles of condescendence and pleas‑in‑law.  As was stated by the Lord President at paragraph [16] of the decision by the Inner House:

“In a case such as this the question whether a declaratory conclusion constitutes the making of a relevant claim falls to be determined by reference to the terms in which the declarator is sought and to the condescendence and pleas‑in‑law that support it.”

For that reason, we are not persuaded that this case raises arguable points of law of general importance such as to merit consideration by the Supreme Court.  We accordingly refuse leave to appeal.

[2]        In any event, we note that the reclaimer has the right to apply to the United Kingdom Supreme Court for leave to appeal.  We consider that it is a matter for the Supreme Court to decide whether they wish to hear this case.