The legal status of a company set up by three former Madras College teachers is being investigated by Fife Council officials, it has emerged.
Former Madras rector Lindsay Matheson and former teachers Mary Jack and Sandra Thomson are named as directors in a newly formed company called the St Andrews Environmental Protection Association Limited.
They intend to lodge a legal challenge against the council’s granting of planning permission for a new £40 million Madras College at Pipeland.
However, Iain Matheson, chief legal officer at the council, confirmed the nature of the company was being investigated by officials as the council confirmed no judicial review petition had yet been lodged by the complainers.
Council leader David Ross told the local authority’s executive committee in Glenrothes yesterday that the council had received intimation of a challenge by way of judicial review to the Pipeland decision in a letter from lawyers in Edinburgh as revealed by The Courier almost a fortnight ago.
However, he said no such petition had yet been entered and in the meantime the council would press on with its full Pipeland planning application plans.
The chief legal officer said once received, the council would be seeking to have as early a court appearance as possible.
It would be heard in the Court of Session but this could be delayed by the July to September summer recess.
If the complainers were unsuccessful at the Court of Session, the case could theoretically be appealed to the Supreme Court but he hoped any Court of Session decision would be sufficient.
Inverkeithing and Dalgety Bay councillor Gavin Yates asked: “What is the legal status of a company set up as a limited company to be used as a vehicle to limit liability in a legal case?”
Mr Matheson replied: “That is one of the things we have been looking at in the petition. Is the company an appropriate vehicle to run this action?”
St Andrews Environmental Protection Association Limited was registered with Companies House on June 4.
The Courier has made repeated attempts to ask the association’s legal representatives, Edinburgh solicitors Gillespie Macandrew, if and when a judicial review is to be lodged. The firm has not responded.