Well this is interesting...
OK, still not entirely clear what the process here is - however it seems that someone who has formally
objected to a
successful application can appeal to the sheriff court, so that's not a judicial review process
This is from a Highland Council document:
Highland Council wrote:
Where the Committee decides to grant the application for a new licence or renewal, the persons
making the objection/representation may ask for a statement of reasons for the decision within 21
days of date of the decision and the statement of reasons will be produced by the Principal Solicitor
– Regulatory Services within 10 days of the request.
The person(s) making the objection/representation have a right of appeal to the Sheriff Court only
if they have taken every opportunity to state their case to the Committee as has been made
available. The appeal must be lodged within 28 days of the date of the decision.
https://www.highland.gov.uk/downloads/f ... sentationsSo, as far as I can tell, only those who had lodged a competent objection can appeal in this way. So it's a bit of a catch 22, as far as I can tell - if the vast majority of the objections were deemed incompetent, then they have no standing to lodge an appeal
So maybe this isn't the normal appeal procedure, but who knows? But it's not judicial review either, although the kind of arguments being adduced sound like judicial review-type stuff. (It's a writ served on the sheriff court, thus the where an appeal would normally be lodged. A judicial review would go to the Court of Session, as far as I know.)
Anyway, the drivers/operators here (or whatever they are) certainly aren't the major players in Fife, and not even in the St Andrews area..
Fife Uber row heads to court as local taxi firms lodge legal challengehttps://www.thecourier.co.uk/fp/news/fi ... challenge/Three taxi companies are taking Fife Council to court in a bid to overturn the rejection of more than 400 objections to Uber's licence bid.https://wpcluster.dctdigital.com/wp-con ... 40x564.jpgTaxi drivers are preparing to take Fife Council to court over its controversial decision to grant an Uber licence.Three of the region’s operators have lodged a legal challenge after more than 400 objections to the Uber application were thrown out on a legal technicality last month.
A writ served at Kirkcaldy Sheriff Court on Tuesday calls for the decision to be quashed.
It also asks for the application to be returned to Fife Council for reconsideration with all objections taken into account.
The appeal is brought by James Glen of St Andrews Taxis, Tahir Ali of New City Taxis in Rosyth, and Tariq Ali of Saline-based Taz’s Taxis.
https://wpcluster.dctdigital.com/wp-con ... 37x564.jpgThey argue the council made errors of law, relied on incorrect material facts, exercised its discretion unreasonably and acted contrary to natural justice.
The appeal follows a huge outcry across the Fife taxi trade after the licensing and regulation committee’s September 22 meeting.
Twenty-five of the 430 objectors were invited to address members.
However, before they were heard Uber’s lawyer pointed out none of the objections were valid because they were not signed.
Fife Council’s legal head Lindsay Thomson later apologised but said it was too late to fix the issue.
She also said no new objections could be received because the hearing process had begun.
Arguments for Fife Uber legal challengeUber Scot Limited applied in January to open a booking office in Rosyth
The application was granted by council officers under delegated powers without any objections being taken into account.
The operators’ writ, lodged by Edinburgh-based solicitors Nisbets, advances three central arguments.
• Two signed postal objections were submitted, challenging the treatment of all objections as unsigned.
• Objectors were denied a fair opportunity to respond. The appellants argue those present should have been allowed to answer Uber’s challenge and the committee should have exercised its powers to accept late objections.
• Typed names submitted by email could satisfy the signature requirement and should have been accepted.
It also refers to correspondence in which a council licensing officer expressly accepted an objector’s digital signature before the hearing.
The arguments have yet to be determined by the court.
Operators expect the initial legal challenge to cost around £5,000.
However, if they lose they could have to fork out up to £20,000 in expenses.
‘Abuse of the democratic process’James Glen said: “Fife Council strung operators along for eight months, accepted their objections as valid and invited them to speak.
“Then, faced with Uber’s lawyer, it capitulated and shut them out.
“It then granted the licence without further ado, ignoring the stringent conditions set by other authorities on Uber licences.”
Mr Glen also claims Fife Council “failed both the taxi trade and the wider Fife public”.
“This was an abuse of the democratic process,” he said.
“Fife Council has apologised but an apology is nowhere near enough.”
While the operators expect Uber will ultimately hold a permanent licence in Fife, they say the eventual outcome does not excuse an unlawful process.
The campaigners have launched a fundraiser to help finance their challenge.
Fife Council has been approached for comment.