Dumfries County Council v. Langholm Magistrates [1912] ScotLR 209 (05 December 1912)

Dumfries County Council v. Langholm Magistrates [1912] ScotLR 209 (05 December 1912)

An interlocutory appeal by special case under section 11 of the Rivers Pollution Prevention Act 1876 is not competent unless leave to appeal is expressly granted by the Sheriff, as section 11 must be read in conjunction with section 28(c) of the Sheriff Courts (Scotland) Act 1907, which governs appeals from interlocutory judgments.

Citation
[1912] ScotLR 209
Parties
Pursuer: Dumfries County Council; Defender: Langholm Magistrates
Jurisdiction
Scotland
Judgment Date
05 December 1912
Procedural Posture
Appeal / Interlocutory Appeal From Sheriff Court to Court of Session
Outcome
Appeal dismissed as incompetent
Legal Topics
Appeals, Competency, River Pollution, Statutory Interpretation
Administrative Law Environmental Law Civil Procedure Appeals Competency River Pollution Statutory Interpretation

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Parties

Dumfries County Council

Pursuer

Langholm Magistrates

Defender

Procedural Posture

Appeal / Interlocutory Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Is an interlocutory appeal by special case under section 11 of the Rivers Pollution Prevention Act 1876 competent without leave of the Sheriff?
  2. 2 Does the Sheriff Courts (Scotland) Act 1907 section 28(c) apply to appeals under the Rivers Pollution Prevention Act 1876?

Ratio Decidendi

An interlocutory appeal by special case under section 11 of the Rivers Pollution Prevention Act 1876 is not competent unless leave to appeal is expressly granted by the Sheriff, as section 11 must be read in conjunction with section 28(c) of the Sheriff Courts (Scotland) Act 1907, which governs appeals from interlocutory judgments.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Case remitted to the Sheriff to proceed as accords