White v. Dunbar Magistrates and Others [1915] ScotLR 337 (28 January 1915)

White v. Dunbar Magistrates and Others [1915] ScotLR 337 (28 January 1915)

A petition and complaint is an incompetent and irrelevant procedure for seeking delivery of documents between municipal officials where no statutory or practice authority exists, and where the documents sought are not specifically identified.

Citation
[1915] ScotLR 337
Parties
Petitioner: Robert White; Respondents: Dunbar Magistrates and Others (including Andrew C. Ramsay, Burgh Chamberlain)
Jurisdiction
Scotland
Judgment Date
28 January 1915
Procedural Posture
Petition and Complaint / Inner House, First Division, Court of Session – Judgment
Outcome
Petition and complaint dismissed as incompetent and irrelevant.
Legal Topics
Competency of Petition and Complaint, Custody of Municipal Documents, Summary Application Procedure
Civil Procedure Local Government Law Competency of Petition and Complaint Custody of Municipal Documents Summary Application Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Robert White

Petitioner

Dunbar Magistrates and Others (including Andrew C. Ramsay, Burgh Chamberlain)

Respondents

Procedural Posture

Petition and Complaint / Inner House, First Division, Court of Session – Judgment

Legal Issues

  1. 1 Whether a petition and complaint is a competent procedure for delivery of municipal documents between officials
  2. 2 Whether the petition was sufficiently specific and relevant in identifying the documents sought

Ratio Decidendi

A petition and complaint is an incompetent and irrelevant procedure for seeking delivery of documents between municipal officials where no statutory or practice authority exists, and where the documents sought are not specifically identified.

Court Disposition

Petition and complaint dismissed as incompetent and irrelevant.

Orders

  • Petition and complaint dismissed.