Darney & Son v. The Calder District Committee of The County Council of Midlothian [1904] ScotLR 42_182_1 (09 December 1904)

Darney & Son v. The Calder District Committee of The County Council of Midlothian [1904] ScotLR 42_182_1 (09 December 1904)

The court is not competent to convert a conditional order of the local authority into an unconditional one; the statutory appeal process provided by the Public Health (Scotland) Act 1897 is the exclusive remedy for grievances regarding the terms of a sanction.

Citation
[1904] ScotLR 42_182_1
Parties
Pursuer: Darney & Son; Defender: The Calder District Committee of The County Council of Midlothian
Jurisdiction
Scotland
Judgment Date
09 December 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Action dismissed as incompetent; interlocutor of Lord Ordinary adhered to.
Legal Topics
Competency of Court, Ultra Vires Acts, Bye Laws, Statutory Appeals, Offensive Trades
Administrative Law Local Government Law Public Health Law Competency of Court Ultra Vires Acts Bye Laws Statutory Appeals Offensive Trades

Case Brief

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Parties

Darney & Son

Pursuer

The Calder District Committee of The County Council of Midlothian

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the court can convert a conditional sanction by a local authority into an unconditional one
  2. 2 Whether the imposition of a condition not contained in bye-laws is ultra vires the local authority
  3. 3 Whether the statutory appeal procedure is the exclusive remedy

Ratio Decidendi

The court is not competent to convert a conditional order of the local authority into an unconditional one; the statutory appeal process provided by the Public Health (Scotland) Act 1897 is the exclusive remedy for grievances regarding the terms of a sanction.

Court Disposition

Action dismissed as incompetent; interlocutor of Lord Ordinary adhered to.

Orders

  • Action dismissed
  • Interlocutor of Lord Ordinary adhered to