Brown & Anor v South Lanarkshire Council [2001] ScotCS 70 (22 March 2001)

The court held that the petitioners failed to disclose any prima facie case of a threatened wrong by the respondents, as the respondents' actions were in proper performance of their statutory duties and no improper conduct was averred.

Citation: [2001] ScotCS 70
Parties: Petitioners and Appellants: John Brown and Another; Respondents: South Lanarkshire Council
Jurisdiction: Scotland
Judgment Date: 22 March 2001
Procedural Posture: Petition for Interdict and Interim Interdict / Appeal (reclaiming Motion) Against Refusal of Interim Interdict
Outcome: Reclaiming motion refused; petition remitted to Lord Ordinary to proceed as accords.
Legal Topics: Interdict, Interim Interdict, Notice to Quit, Statutory Duties of Local Authorities

Civil Procedure Housing Law Interdict Interim Interdict Notice to Quit Statutory Duties of Local Authorities

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 1 Authorities cited 1 Party arguments 2

Parties

John Brown and Another

Petitioners and Appellants

South Lanarkshire Council

Respondents

Procedural Posture

Petition for Interdict and Interim Interdict / Appeal (reclaiming Motion) Against Refusal of Interim Interdict

Legal Issues

1 Whether the petitioners established a prima facie case for interim interdict against the respondents regarding the notice to quit and offers of housing.

Ratio Decidendi

Court Disposition

Reclaiming motion refused; petition remitted to Lord Ordinary to proceed as accords.

Orders

Refusal of reclaiming motion
Remit to Lord Ordinary