On BBC Radio Shetland’s “Public Platform” last Thursday Jonathan Wills was asked: “Who is paying Viking Energy’s legal bills [for the ongoing judicial review]?”
Dr Wills reply was: “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 the court action is a petition for judicial review against a decision of the Scottish ministers for granting consent for the Viking Energy windfarm.
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 has 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 Energy 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 is a party directly involved in the case and will need to meet the costs of its own legal team.