The Governors of the Glasgow and West of Scotland Technical College Petitioners [1902] ScotLR 39_756 (10 July 1902)

The Governors of the Glasgow and West of Scotland Technical College Petitioners [1902] ScotLR 39_756 (10 July 1902)

The Court granted the additional borrowing powers as justified by the need to meet interim payments for new buildings, but refused to extend the power to grant retiring allowances to all officials and employees in the absence of any change of circumstances or specific justification, continuing the petition as regards this point.

Citation
[1902] ScotLR 39_756
Parties
Petitioners: The Governors of the Glasgow and West of Scotland Technical College
Jurisdiction
Scotland
Judgment Date
10 July 1902
Procedural Posture
Petition for Alteration of Educational Endowment Scheme / Judgment on Petition for Alteration of Scheme
Outcome
Petition granted in part; borrowing powers extended; request for extension of retiring allowance powers continued.
Legal Topics
Educational Endowments, Scheme Alteration, Borrowing Powers, Retiring Allowances, Statutory Interpretation
Education Law Trusts and Estates Educational Endowments Scheme Alteration Borrowing Powers Retiring Allowances Statutory Interpretation

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Parties

The Governors of the Glasgow and West of Scotland Technical College

Petitioners

Procedural Posture

Petition for Alteration of Educational Endowment Scheme / Judgment on Petition for Alteration of Scheme

Legal Issues

  1. 1 Whether the governors should be granted additional borrowing powers for new buildings
  2. 2 Whether the governors should be empowered to grant retiring allowances to officials or employees beyond teaching staff

Ratio Decidendi

The Court granted the additional borrowing powers as justified by the need to meet interim payments for new buildings, but refused to extend the power to grant retiring allowances to all officials and employees in the absence of any change of circumstances or specific justification, continuing the petition as regards this point.

Court Disposition

Petition granted in part; borrowing powers extended; request for extension of retiring allowance powers continued.

Orders

  • Alteration of scheme to add additional borrowing powers up to £30,000 for new buildings, repayable within ten years.
  • Petition for extension of retiring allowance powers to officials and employees continued for further consideration.