Liddall v. Ballingry Parish Council [1908] ScotLR 816 (04 July 1908)

Liddall v. Ballingry Parish Council [1908] ScotLR 816 (04 July 1908)

The Sheriff-Substitute acted in a purely administrative capacity and had no statutory or common law power to award expenses against Mr Liddall; in the absence of special circumstances or vexatious conduct, objectors in such proceedings are not liable for expenses merely because their opposition was unsuccessful.

Citation
[1908] ScotLR 816
Parties
Complainer/respondent: W. J. N. Liddall of Navitie; Petitioner/reclaimer: Ballingry Parish Council
Jurisdiction
Scotland
Judgment Date
04 July 1908
Procedural Posture
Statutory Petition and Suspension / Reclaiming Note Against Interlocutor Suspending Charge for Expenses
Outcome
charge for expenses suspended; interlocutor adhered to
Legal Topics
Burial Grounds (scotland) Act 1855, Administrative Vs Judicial Capacity, Award of Expenses in Statutory Proceedings
Administrative Law Local Government Law Statutory Interpretation Burial Grounds (scotland) Act 1855 Administrative Vs Judicial Capacity Award of Expenses in Statutory Proceedings

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Parties

W. J. N. Liddall of Navitie

Complainer/respondent

Ballingry Parish Council

Petitioner/reclaimer

Procedural Posture

Statutory Petition and Suspension / Reclaiming Note Against Interlocutor Suspending Charge for Expenses

Legal Issues

  1. 1 Whether the Sheriff had power to award expenses against an objecting proprietor in a statutory administrative proceeding under the Burial Grounds (Scotland) Act 1855
  2. 2 Whether the proceedings before the Sheriff were administrative or judicial in nature

Ratio Decidendi

The Sheriff-Substitute acted in a purely administrative capacity and had no statutory or common law power to award expenses against Mr Liddall; in the absence of special circumstances or vexatious conduct, objectors in such proceedings are not liable for expenses merely because their opposition was unsuccessful.

Court Disposition

charge for expenses suspended; interlocutor adhered to

Orders

  • Suspension of charge and whole grounds and warrants thereof simpliciter, with expenses
  • Court adhered to Lord Ordinary's interlocutor