Somerville v. Dick [1902] ScotLR 39_836 (08 July 1902)

Somerville v. Dick [1902] ScotLR 39_836 (08 July 1902)

Cutting away part of the joists of a floor to form a hatchway is an alteration of structure under section 59 of the Edinburgh Municipal and Police Amendment Act 1891, requiring a Dean of Guild warrant. Failure to obtain such a warrant, even in bona fide error, constitutes a technical offence, but in the circumstances only a nominal penalty is appropriate.

Citation
[1902] ScotLR 39_836
Parties
Petitioner and Respondent: George Somerville, Procurator-Fiscal of Court; Respondent and Appellant: Adam Dick, solicitor, Dundas Street, Edinburgh
Jurisdiction
Scotland
Judgment Date
08 July 1902
Procedural Posture
Appeal / Judgment After Appeal From Dean of Guild Court
Outcome
Appeal dismissed; penalty reduced; expenses awarded in part to appellant.
Legal Topics
Dean of Guild Jurisdiction, Building Warrants, Structural Alterations, Penalties for Technical Offences
Administrative Law Building Law Municipal Law Dean of Guild Jurisdiction Building Warrants Structural Alterations Penalties for Technical Offences

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Parties

George Somerville, Procurator-Fiscal of Court

Petitioner and Respondent

Adam Dick, solicitor, Dundas Street, Edinburgh

Respondent and Appellant

Procedural Posture

Appeal / Judgment After Appeal From Dean of Guild Court

Legal Issues

  1. 1 Whether cutting joists to form a hatchway constitutes an 'alteration of structure' under the Edinburgh Municipal and Police Amendment Act 1891, section 59, requiring a Dean of Guild warrant.
  2. 2 Whether a penalty should be imposed for a technical contravention committed in bona fide error.

Ratio Decidendi

Cutting away part of the joists of a floor to form a hatchway is an alteration of structure under section 59 of the Edinburgh Municipal and Police Amendment Act 1891, requiring a Dean of Guild warrant. Failure to obtain such a warrant, even in bona fide error, constitutes a technical offence, but in the circumstances only a nominal penalty is appropriate.

Court Disposition

Appeal dismissed; penalty reduced; expenses awarded in part to appellant.

Orders

  • Modify the penalty from £10 to one shilling, payable by the appellant to the petitioner.
  • Find the appellant entitled to expenses up to and including 23rd January 1902, and to subsequent expenses subject to modification (fixed at two-thirds).