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Covid: Court rejects challenge to Edinburgh level decision



The decision to keep Edinburgh under level three Covid restrictions is lawful, Scotland's highest civil court has ruled.

A judicial review was sought at the Court of Session by a number of businesses operating in the city.

The petitioners argued the Scottish government's decision not to move the area to level two puts businesses in a "catastrophic" position.

But the government insisted it was not safe or sensible to ease restrictions.

On Friday a judge decided the Scottish government had a right to consider factors other than data.

Lord Ericht passed a judicial review on the motion from KLR & RCR International Ltd & Others after hospitality businesses in the city warned of the further impact
the measures could have.

At a remote hearing on Friday, 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."

Mr Dunlop detailed the many similarities between level two and three but highlighted that in the lower level, people can travel around Scotland freely -
except for entering level three or four areas - whereas those in level three cannot leave the local authority.

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