Norfor and Others v. Education Authority of County of Aberdeen [1923] ScotLR 553 (13 July 1923)

Norfor and Others v. Education Authority of County of Aberdeen [1923] ScotLR 553 (13 July 1923)

The Court held that section 18(4) of the Education (Scotland) Act 1918 does not exclude the jurisdiction of the Court to determine questions of law regarding the construction of the statutory obligation to maintain transferred schools. Only questions of fact as to due fulfilment or observance are referred to the...

Source-derived case information.

Citation
[1923] ScotLR 553
Parties
Pursuer: Robert Thomas Norfor, C. A., Edinburgh, as secretary and treasurer of the Representative Church Council of the Episcopal Church in Scotland and others; Defender: Education Authority for the County of Aberdeen
Jurisdiction
Scotland
Judgment Date
13 July 1923
Procedural Posture
Civil / Appeal (reclaiming Note) From Interlocutor of Lord Ordinary
Outcome
Reclaiming note allowed; plea of incompetency repelled; case remitted to Lord Ordinary to proceed.
Legal Topics
Jurisdiction of Courts, Statutory Reference to Government Department, Arbitration Under Statute, Interpretation of Education (scotland) Act 1918
Administrative Law Education Law Statutory Interpretation Jurisdiction of Courts Statutory Reference to Government Department Arbitration Under Statute Interpretation of Education (scotland) Act 1918

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Thomas Norfor, C. A., Edinburgh, as secretary and treasurer of the Representative Church Council of the Episcopal Church in Scotland and others

Pursuer

Education Authority for the County of Aberdeen

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether the jurisdiction of the Court is excluded by section 18(4) of the Education (Scotland) Act 1918 in favour of the Scottish Education Department for questions regarding the maintenance of transferred schools.
  2. 2 Whether the question at issue is one of fact (fulfilment/observance) or law (construction of statutory obligation).

Ratio Decidendi

The Court held that section 18(4) of the Education (Scotland) Act 1918 does not exclude the jurisdiction of the Court to determine questions of law regarding the construction of the statutory obligation to maintain transferred schools. Only questions of fact as to due fulfilment or observance are referred to the Department. The reclaiming note was allowed, the plea of incompetency repelled, and the case remitted to the Lord Ordinary to proceed.

Court Disposition

Reclaiming note allowed; plea of incompetency repelled; case remitted to Lord Ordinary to proceed.

Orders

  • The interlocutor of the Lord Ordinary dismissing the action is recalled.
  • The third plea-in-law for the defenders is repelled.