Glasgow Education Authority v. Scottish Education Department [1922] ScotLR 256 (07 March 1922)

Glasgow Education Authority v. Scottish Education Department [1922] ScotLR 256 (07 March 1922)

Allowances for time lost from ordinary employment are only justified where there is actual, irrecoverable loss of remuneration; mere absence from professional or business duties without proof of pecuniary loss does not suffice.

Citation
[1922] ScotLR 256
Parties
First Party: Glasgow Education Authority; Second Party: Scottish Education Department
Jurisdiction
Scotland
Judgment Date
07 March 1922
Procedural Posture
Special Case (court of Session, Scotland) / Judgment on Legality of Payments Under Education (scotland) Acts
Outcome
Payments objected to were ultra vires and must be disallowed.
Legal Topics
Allowances for Public Authority Members, Loss of Earnings Compensation, Ultra Vires Payments, Interpretation of Education (scotland) Acts
Education Law Administrative Law Statutory Interpretation Allowances for Public Authority Members Loss of Earnings Compensation Ultra Vires Payments Interpretation of Education (scotland) Acts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Glasgow Education Authority

First Party

Scottish Education Department

Second Party

Procedural Posture

Special Case (court of Session, Scotland) / Judgment on Legality of Payments Under Education (scotland) Acts

Legal Issues

  1. 1 Whether payments to members of the Education Authority for time lost from ordinary employment in attending meetings were lawful under the Education (Scotland) Acts
  2. 2 Whether such payments required proof of actual pecuniary loss

Ratio Decidendi

Allowances for time lost from ordinary employment are only justified where there is actual, irrecoverable loss of remuneration; mere absence from professional or business duties without proof of pecuniary loss does not suffice.

Court Disposition

Payments objected to were ultra vires and must be disallowed.

Orders

  • First alternative question (payments justified) answered in the negative.
  • Second alternative question (payments ultra vires) answered in the affirmative.