Eadie and Others v. Corporation of Glasgow [1915] ScotLR 139 (23 November 1915)

Eadie and Others v. Corporation of Glasgow [1915] ScotLR 139 (23 November 1915)

The Court held that the action as laid was incompetent and irrelevant because the amended petition did not constitute a proper complaint under section 14 of the Glasgow Corporation Act 1909. The statute does not entitle electors to demand detailed accounts or vouchers beyond the statutory abstract, nor to a general declarator regarding the sufficiency of the Corporation's accounting methods. The Corporation had complied with its statutory duties, and the pursuers' demands exceeded what the Act provided. Accordingly, the action was dismissed and the Corporation awarded expenses as between agent and client.

Citation
[1915] ScotLR 139
Parties
Pursuers/appellants: George Eadie and Others; Defenders/respondents: Corporation of the City of Glasgow; Defender (auditor): John Lauder
Jurisdiction
Scotland
Judgment Date
23 November 1915
Procedural Posture
Civil (petition for Declarator and Order) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Action dismissed as incompetent and irrelevant. Appeal refused. Defenders awarded expenses as between agent and client.
Legal Topics
Burgh Accounts, Common Good Funds, Statutory Duties of Local Authorities, Right of Electors to Inspect Accounts, Competency and Relevancy of Petitions, Public Authorities Protection Act—expenses
Local Government Law Administrative Law Statutory Interpretation Burgh Accounts Common Good Funds Statutory Duties of Local Authorities Right of Electors to Inspect Accounts Competency and Relevancy of Petitions +1 more

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Parties

George Eadie and Others

Pursuers/appellants

Corporation of the City of Glasgow

Defenders/respondents

John Lauder

Defender (auditor)

Procedural Posture

Civil (petition for Declarator and Order) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the Corporation of Glasgow complied with statutory duties under the Glasgow Corporation Act 1909 regarding preparation and publication of common-good accounts.
  2. 2 Whether electors are entitled to detailed accounts or vouchers beyond the statutory abstract.
  3. 3 Whether the petition as amended was competent and relevant under section 14 of the 1909 Act.

Ratio Decidendi

The Court held that the action as laid was incompetent and irrelevant because the amended petition did not constitute a proper complaint under section 14 of the Glasgow Corporation Act 1909. The statute does not entitle electors to demand detailed accounts or vouchers beyond the statutory abstract, nor to a general declarator regarding the sufficiency of the Corporation's accounting methods. The Corporation had complied with its statutory duties, and the pursuers' demands exceeded what the Act provided. Accordingly, the action was dismissed and the Corporation awarded expenses as between agent and client.

Court Disposition

Action dismissed as incompetent and irrelevant. Appeal refused. Defenders awarded expenses as between agent and client.

Orders

  • Interlocutors of Sheriff and Sheriff-Substitute recalled, except as to sisting of Mr Lauder.
  • First plea-in-law for defenders sustained.