Somerville and Others v. Leith Docks Commissioners [1908] ScotLR 590 (17 March 1908)

Somerville and Others v. Leith Docks Commissioners [1908] ScotLR 590 (17 March 1908)

The Commissioners have no statutory authority to levy a special charge for the use of lock gates for access to or egress from the docks beyond the ordinary rates prescribed by statute. The right of access via locks is included in the statutory right upon payment of the scheduled rates, and any additional charge is ultra vires unless expressly authorised by statute or valid bye-law.

Citation
[1908] ScotLR 590
Parties
Pursuers (applicants): Robert Somerville, Campbell Gibson, and others (shipowners); Defenders (respondents): Leith Docks Commissioners
Jurisdiction
Scotland
Judgment Date
17 March 1908
Procedural Posture
Civil (declarator and Interdict) / Inner House, Second Division (appeal/reclaiming Note)
Outcome
Appeal (reclaiming note) refused; interlocutor of Lord Ordinary adhered to with qualification.
Legal Topics
Harbour and Dock Charges, Statutory Rights of Access, Ultra Vires Acts by Statutory Bodies, Interpretation of Local and Public Acts, Public Utility Undertakings
Administrative Law Statutory Interpretation Transport Law Harbour and Dock Charges Statutory Rights of Access Ultra Vires Acts by Statutory Bodies Interpretation of Local and Public Acts Public Utility Undertakings

Case Brief

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Parties

Robert Somerville, Campbell Gibson, and others (shipowners)

Pursuers (applicants)

Leith Docks Commissioners

Defenders (respondents)

Procedural Posture

Civil (declarator and Interdict) / Inner House, Second Division (appeal/reclaiming Note)

Legal Issues

  1. 1 Whether Leith Docks Commissioners have statutory authority to levy a special charge for use of lock gates beyond ordinary harbour rates
  2. 2 Whether access to and egress from docks via locks is included in the statutory right upon payment of ordinary rates
  3. 3 Whether the Commissioners' resolutions imposing such charges are ultra vires

Ratio Decidendi

The Commissioners have no statutory authority to levy a special charge for the use of lock gates for access to or egress from the docks beyond the ordinary rates prescribed by statute. The right of access via locks is included in the statutory right upon payment of the scheduled rates, and any additional charge is ultra vires unless expressly authorised by statute or valid bye-law.

Court Disposition

Appeal (reclaiming note) refused; interlocutor of Lord Ordinary adhered to with qualification.

Orders

  • Declarator granted that pursuers are entitled to access and egress from the harbour and docks, including via locks, upon payment of statutory rates and free of any additional charge, subject to safety, accommodation, and the statutory powers of the harbour-master and Commissioners to make bye-laws.
  • Defenders ordered to repay sums exacted as lock charges.