| West v Secretary of State for Scotland (1992 SC 385) |
The tripartite relationship test limiting supervisory jurisdiction over contractual/ bilateral matters; guidance on when contractual decisions may be reviewable. |
Considered as a framework; court followed subsequent authorities that the tripartite test must not block enforcement of the rule of law but applied West distinctions to the facts (sale in commercial capacity did not found a public law duty of fairness here). |
| Stannifer Developments Ltd v Glasgow Development Agency (No 2) (1998 SCLR 870; 1999 SC 156) |
Authority that disposal of land by bodies with similar statutory powers is not subject to a general duty to act fairly; commercial sale context treated akin to commercial bodies. |
Held binding and directly applicable: the court concluded that the common law duty of fairness does not apply to the Respondent's disposal of its own heritable property in these circumstances. |
| R. v Barnet LBC, ex parte Pardes House School Ltd ([1989] COD 512) |
Example where consultation/fairness required before disposal of land held for educational purposes (illustrating situations where fairness arises). |
Used as an example of circumstances where fairness obligations can apply; distinguished from present facts (not educational land and not depriving existing rights). |
| Abundance Investment v Scottish Ministers (2020 SLT 163) |
Review of scope of judicial review; statement that tripartite test cannot obstruct enforcement of rule of law and that courts must examine the nature of the act/decision. |
Applied to emphasize that the court must consider the act under challenge; used to frame analysis of whether supervisory jurisdiction was engaged. |
| R (Coughlan) v North and East Devon Health Authority ([2001] QB 213) |
Principles on consultation and legitimate expectation; the Sedley/Gunning criteria for fair consultation. |
Discussed as source of Gunning/Sedley consultation principles; court found those principles arise from common law duty of fairness which did not apply here. |
| R v Brent LBC, ex p Gunning (1985) 84 LGR 168 |
Established criteria for lawful consultation: formative stage, sufficient information, adequate time, and taking account of consultation product. |
Referenced to consider whether consultation principles applied; court held Gunning criteria did not apply because duty of fairness did not arise in this sale context. |
| R (Moseley) v Haringey LBC ([2014] 1 WLR 3947) |
Recent authority on consultation obligations and their content. |
Referenced in submissions on consultation; court's conclusion remained that such principles were inapplicable absent a duty of fairness here. |
| R (Eisai Ltd) v NICE ([2008] EWCA Civ 438) |
Consultation law authority cited in submissions regarding consultation requirements. |
Referenced by the Petitioner in support of consultation jurisprudence; court treated consultation authorities as inapposite where no duty to consult arose. |
| R (Bates) v Maldon District Council ([2019] EWCA Civ 1272) |
Principle that reasons for a decision taken in line with an officer's report can be inferred from that report. |
Applied to conclude that the officer report and attached assessments sufficed as the reasons for the committee's decision to accept the recommendation. |
| Wordie Property Co Ltd v Secretary of State for Scotland (1984 SLT 345) |
Authority on the need for reasons in certain administrative decisions. |
Considered in argument on adequacy of reasons; court held that obligation to give reasons arises from fairness and was not engaged, and in any event reasons were adequately provided via the officer report. |
| Redcroft Care Homes Ltd v Edinburgh City Council (2025 SC 103) |
Inner House review of supervisory jurisdiction in contractual/ local authority contexts and application of West. |
Discussed as recent authority clarifying when contractual decisions are amenable to review; court followed the analytical approach from that decision. |
| R (Stirling) v Haringey LBC (Supreme Court authority cited) |
Explanation that Gunning principles derive from the common law duty of fairness. |
Used to support conclusion that, because duty of fairness did not apply, Gunning principles likewise did not apply to the sale decision. |
| AXA General Insurance Co Ltd v Lord Advocate (2012 SC (UKSC) 122) |
Standing/interest in judicial review: public interest element and concept of "interest" rather than strict rights-based standing. |
Applied to find the Petitioner had sufficient interest given its statutory role as a community council and the public interest in the rule of law. |
| Wightman v Secretary of State for Exiting the EU (2019 SC 111) |
Authority on the court's role in preserving rule of law and standing considerations. |
Used in submissions and cited in support of broader standing principles; helped inform the court's view on sufficient interest. |
| John Paton & Sons Ltd v Glasgow City Council (2023 SLT 1288) |
Discussion of the relevance/rarity of pleas of mora, taciturnity and acquiescence post-introduction of statutory time bars. |
Applied in assessing the Respondent's plea of mora/taciturnity/acquiescence and finding it inapplicable here. |
| Sommerville v Scottish Ministers (2007 SC 140) |
Pleas relating to prejudice and delay in judicial review and the principles concerning mora. |
Referenced in Respondent submissions on mora; court concluded the plea failed on these facts. |
| Maharaj v National Energy of Corporation of Trinidad and Tobago ([2019] UKPC 5) |
Authority on prejudice as a potential bar in equitable pleas. |
Referenced in argument on potential prejudice to bidders; did not change outcome (plea unsuccessful). |
| Tehrani v Secretary of State for the Home Department (2007 SC (HL) 1) |
Characterisation of mora/taciturnity/acquiescence as quasi-equitable bars to remedy. |
Used by Petitioner in submissions to argue the plea was inapplicable; court agreed the plea did not succeed here. |
| Trustees for the Eastgate Unit Trust v Highland Council (2024 CSOH 80) |
Authorities on consultation/engagement and on the high threshold for predetermination in political/committee contexts. |
Used in submissions on consultation and predetermination; court relied on the collective committee principle and adequate report reasons to reject predetermination allegations. |
| Electric Collar Manufacturers Association v Secretary of State for the Environment, Food and Rural Affairs ([2019] EWHC 2813) |
Law on apparent predetermination and the fair-minded and informed observer test. |
Applied in assessing whether a fair-minded observer would conclude there was a real risk of predetermination; court found no such risk here. |
| Other authorities cited (selected): Lewis v Redcar; Piper v Kyle and Carrick District Council (1988 SLT 267); Ranaldi v City of Edinburgh Council (2000 SCLR 368); Finucane [2019] UKSC 7; Baker/Ex p Baker; Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts ([2012] EWCA Civ 472); Dryburgh v NHS Fife ([2016] CSOH 116); Watt v Strathclyde Regional Council; Blair v Lochaber District Council |
Various principles on fairness, consultation, committee decision-making, predetermination and the limits of review of contractual/ commercial decisions. |
Referred to selectively to support analysis on consultation principles, standing, and apparent predetermination; none displaced the primary conclusion that the common law duty of fairness did not apply to the Respondent's disposal decision in these circumstances. |