Incorrect and misleading

On BBC Radio Shetland’s Public Platform on Thursday 16 May, Dr Jonathan Wills said, in answer to the question, “Who is paying Viking Energy’s legal bills [for the ongoing judicial review]?”:

“Viking Energy doesn’t have any court costs. It’s a contest between… Sustainable Shetland and the Scottish government.”

This is incorrect and misleading information.

Sustainable Shetland would like to clarify that their court action is a petition for judicial review against a decision of the Scottish Ministers for granting consent for the Viking Energy wind farm.

Viking Energy Partnership joined the proceedings as an interested party to try to argue that the decision of the Ministers should be upheld.

Viking Energy have submitted answers, a note of argument and productions and have two advocates (including a QC) and solicitors who have attended all the days of the case so far.

Viking Energy sought to contest Sustainable Shetland being awarded a protected expenses order (PEO) regarding Scottish Ministers.

The PEO was granted by the court, and it was deemed that Sustainable Shetland and Viking would meet their own costs regardless of who was the successful party (called a no expenses due to or by basis).

Therefore, Viking Energy Partnership are a party directly involved in the case and will need to meet the costs of their own legal team.

Andrew Halcrow
Chairman Sustainable Shetland
Burra Isle

Note from the newsdesk:
In an e-mail to Shetland News late on Friday, Viking Energy confirmed that the comany was “paying for a small legal team which awaits its turn to contribute to the evidence in the court”. The Judicial Review reconvenes on 10 June.