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 http://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 KC and Ronnie Dennis acted for the Council, instructed by Julie Newman and Laura Stockin of the Council Legal Department.
