Discount supermarket company Lidl has failed to reverse a council decision granting rival company Aldi a long lease of a development site in Sheerness.
Lidl had claimed that Swale Borough Council’s decision to accept a lower bid by Aldi than Lidl had offered for a similar site breached local government rules requiring the Environment Secretary to give permission before such an offer could be accepted.
However, Morison J indicated at the end of the hearing that he rejected Lidls challenge. He said that he would give his full reasons for backing the council later, probably next week, but indicated to Lidls counsel: “I do not think that there is any merit in your case. I want to make it absolutely plain that the council have acted lawfully.”
R v Swale Borough Council, ex parte Lidl UK GmbH Queen’s Bench Division (Morison J) 13 February 2001.
Hugh Mercer (instructed by Teacher Stern Selby) appeared for the applicant; Gillian Carrington (instructed by the solicitor to Swale Borough Council) appeared for the respondents; John Steel QC and Paul Brown (instructed by Hammond Suddards) appeared for Aldi.
PLS News 14/2/01
