Two Tribunal Decisions Challenged
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FROM A SPECIAL CORRESPONDENT
TWO decisions given by the Transport Tribunal in Edinburgh in July have been challenged in the Scottish courts and will be heard by the Court of Appeal. the supreme judicial body in Scotland, some time later this year. These arc the Tribunal's John Russell (Grangemouth) Ltd. decision which quashed the Scottish Licensing Authority's grant of six articulated refrigerated vehicles on A for meat transport; and the decision which favoured House of Fraser Ltd., granting them integrated use of their fleet, for House of Fraser and subsidiary companies throughout Britain. On that occasion objection was made to the legality of the House of Fraser appeal and equally to consideration of the various stores involved as true subsidiaries of the House of Fraser group, on the grounds that the grant would give unlimited freedom of operation.
At the Court of Session (Edinburgh) vacation sitting last week both cases were reopened and dealt with by the Vacation Judge. In the case of John Russell (Grangemouth) Ltd. the Judge granted the company a 14-day stay of the Tribunal decision pending the hearing of the appeal. In the case of House of Fraser no stay was ordered but the Court allowed 14 days for lodging of replies. Both appeals should therefore he raised again on Friday: August 30, although no great progress can be expected at that stage. The present position is that all interested parties, in the original hearings as well as in the Tribunal appeal. must now be invited to indicate their interest in the further hearing of the case. Until such time as all such parties have indicated their position and their participation or otherwise, no positive development is expected.
The further point concerns the pressure on the Scottish Courts. which is meantime extremely heavy; so much so that two new Courts are being built in Edinburgh at the Court of Session to handle all the legal business now coming forward. There is already a substantial backlog and with resumption of normal business not due until October 1, the actual hearing of these appeals could be deferred quite some time. Certainly they cannot be fitted in until November or December, although in any matter of urgency temporary action might be taken in a Vacation Court, to allow progress, pending the hearing. These actions are particularly interesting in that this is the first time a Tribunal decision has been taken to the Scottish supreme court for a ruling.
There could even be legal argument as to the power of the Court of Session to adjudicate in such a matter, it being by no means certain that the Scottish courts do have the necessary authority to overrule Transport Tribunal decisions.