Goodall v. Bilsland and Others. Cassidy v. Bilsland and Others [1909] ScotLR 555 (19 March 1909)

Goodall v. Bilsland and Others. Cassidy v. Bilsland and Others [1909] ScotLR 555 (19 March 1909)

Mandate to object at Licensing Court did not authorise agent to lodge appeal; appeals were taken without authority and cannot be ratified after expiry of appeal period. Citizens' Vigilance Association had no locus standi. Members who were mere subscribers were not disqualified from sitting. Decision of Appeal Court was invalidated by participation of members absent during substantial portion of proceedings.

Citation
[1909] ScotLR 555
Parties
Pursuer: Alexander Goodall; Pursuer: Cassidy; Defender: Sir William Bilsland and Others; Defender: John Green and Others
Jurisdiction
Scotland
Judgment Date
19 March 1909
Procedural Posture
Action for Reduction of Licensing Appeal Court Deliverance / Judgment of Lord Johnston, Inner House, First Division
Outcome
Deliverance of Licensing Appeal Court set aside; decree as craved granted.
Legal Topics
Mandate, Homologation, Disqualification, Bias, Appeal, Jurisdiction, Construction of Licensing (scotland) Act 1903
Licensing Law Administrative Law Mandate Homologation Disqualification Bias Appeal Jurisdiction +1 more

Case Brief

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Parties

Alexander Goodall

Pursuer

Cassidy

Pursuer

Sir William Bilsland and Others

Defender

John Green and Others

Defender

Procedural Posture

Action for Reduction of Licensing Appeal Court Deliverance / Judgment of Lord Johnston, Inner House, First Division

Legal Issues

  1. 1 Whether mandate to object at Licensing Court entitles agent to lodge appeal without authority
  2. 2 Whether post-expiry ratification of appeal is valid
  3. 3 Whether members/subscribers to Citizens' Vigilance Association are disqualified from sitting

Ratio Decidendi

Mandate to object at Licensing Court did not authorise agent to lodge appeal; appeals were taken without authority and cannot be ratified after expiry of appeal period. Citizens' Vigilance Association had no locus standi. Members who were mere subscribers were not disqualified from sitting. Decision of Appeal Court was invalidated by participation of members absent during substantial portion of proceedings.

Court Disposition

Deliverance of Licensing Appeal Court set aside; decree as craved granted.

Orders

  • Licensing Appeal Court's decision depriving pursuers of licences reduced.
  • Licences renewed by Licensing Court reinstated.