Late on Friday night, Lord Ericht rejected a bid to suspend the decision to keep Edinburgh under level three restrictions.
Lawyers argued that the decision made by Nicola Sturgeon was ‘unlawful’ and ‘irrational’. However, ultimately the petitioners could not convince the court that the government had made a decision outwith the options lawfully available to them.
The Big Picture
The key takeaway here is that indicators are just that – indicators. They are not criteria to be met which would grant the move to a lower (or higher) tier of restrictions.
Lord Ericht says:
In my opinion the Petitioners do not have a prima facie case that in failing to consult with the local authority the Respondents have failed to take into account a relevant consideration. On the information before me, the respondents have consulted with City of Edinburgh Council. The Scottish Ministers were not obliged to come to the same view as the Council but were entitled to come to their own decision.