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Judge rejects bid to overturn Edinburgh’s Covid status

Montpeliers was among the petitioners

A judge has thrown out a bid by a group of hospitality businesses to have the level three restriction on Edinburgh declared unlawful.

Scotland’s highest civil court ruled against the petitioners who sought a judicial review of the government’s decision which they claimed went against medical advice.

Judge Lord Ericht, sitting remotely, decided the Scottish government had a right to consider factors other than data.

He dismissed the motion from KLR & RCR International Ltd & Others after hospitality businesses in the city warned of the further impact the measures could have. One of the largest parties among the petitioners, the Montpeliers group, owns seven premises in the city.


Dean of Faculty Roddy Dunlop QC, on behalf of the petitioners, told the judge the level three decision was “flawed” and did not reflect Public Health Scotland advice or case figures.

James Mure QC, representing ministers, said while the data was there to inform the decision-makers he added there was “no simple algorithm” to determine levels and the indicators used “may change over time”.

In his judgment, Lord Ericht said: “The guidance as to how the government will go about its decision-making has always emphasised that the indicators are no more than indicators – they are not the sole criteria for making a decision on Covid levels.”

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