Dundee Combination Parish Council v. Secretary for Scotland [1901] ScotLR 38_619 (31 May 1901)

Dundee Combination Parish Council v. Secretary for Scotland [1901] ScotLR 38_619 (31 May 1901)

The Secretary for Scotland had statutory authority to divide a combination parish and erect a new parish without annexation to another parish, and the statutory procedure was properly followed; the provisional order was legal and regular.

Citation
[1901] ScotLR 38_619
Parties
Pursuer: Dundee Combination Parish Council; Defender: Secretary for Scotland; Interested Party: County Council of the County of Forfar
Jurisdiction
Scotland
Judgment Date
31 May 1901
Procedural Posture
Civil Declarator and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to; action dismissed.
Legal Topics
Alteration of Parish Areas, Division and Erection of Parishes, Ultra Vires Orders, Statutory Interpretation, Procedural Compliance
Local Government Law Administrative Law Alteration of Parish Areas Division and Erection of Parishes Ultra Vires Orders Statutory Interpretation Procedural Compliance

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Parties

Dundee Combination Parish Council

Pursuer

Secretary for Scotland

Defender

County Council of the County of Forfar

Interested Party

Procedural Posture

Civil Declarator and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the Secretary for Scotland had statutory power to divide a combination parish and erect a new parish without annexation to another parish.
  2. 2 Whether the statutory procedure for making such an order was properly followed.

Ratio Decidendi

The Secretary for Scotland had statutory authority to divide a combination parish and erect a new parish without annexation to another parish, and the statutory procedure was properly followed; the provisional order was legal and regular.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to; action dismissed.

Orders

  • Repels the pleas-in-law for the pursuers.
  • Sustains the third plea-in-law for the defender.