Supreme Court refuses permission for State aid appeal

Cases

The Supreme Court has today refused permission to appeal in R (Sky Blue Sports & Leisure Ltd) v Coventry City Council (No. 2) [2018] EWCA Civ 2252

In those proceedings the Appellants, who are companies associated with Coventry City Football Club, had sought to challenge the Council’s decision to extend ACL’s lease of the Ricoh Arena in Coventry to 250 years. That decision was taken as part of a wider transaction, in which the Council also sold its 50% share in ACL to Wasps RFC, and Wasps purchased the other 50% share from the Alan Edward Higgs Charity. 

The Court of Appeal upheld the Judge’s decision to refuse permission to seek judicial review, on the basis that the Appellants’ State aid challenge was unarguable: see further the summary of that Court’s judgment at https://www.11kbw.com/knowledge-events/case/court-of-appeal-rules-on-state-aid-in-sky-blue-no-2/. 

The Supreme Court Appeal Panel – composed of Lady Hale, Lord Lloyd-Jones and Lady Arden – have today refused the Appellants’ application for permission to appeal that judgment, on the basis that it too did not raise any arguable point of law. 

James Goudie QC and Ronnie Dennis acted for the Council, instructed by Julie Newman and Laura Stockin of the Council Legal Department.