Ayrshire County Council v. W. & J. Knox, Ltd [1918] ScotLR 324 (16 March 1918)

Ayrshire County Council v. W. & J. Knox, Ltd [1918] ScotLR 324 (16 March 1918)

A local authority cannot lawfully charge both a meter rate for water supplied and the owner's portion of the special water assessment under section 126 of the Public Health (Scotland) Act 1897, even where the owner and occupier are the same person; the statutory scheme provides for alternative, not cumulative, charging methods.

Citation
[1918] ScotLR 324
Parties
Pursuer: Ayrshire County Council; Defender: W. & J. Knox, Limited
Jurisdiction
Scotland
Judgment Date
16 March 1918
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to (majority, Lord Salvesen dissenting)
Legal Topics
Rates and Assessments, Water Supply, Statutory Interpretation, Public Health (scotland) Act 1897
Local Government Law Administrative Law Rates and Assessments Water Supply Statutory Interpretation Public Health (scotland) Act 1897

Case Brief

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Parties

Ayrshire County Council

Pursuer

W. & J. Knox, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether a local authority can charge both a meter rate for water supplied and the owner's portion of the special water assessment under section 126 of the Public Health (Scotland) Act 1897 when the owner and occupier are the same person.

Ratio Decidendi

A local authority cannot lawfully charge both a meter rate for water supplied and the owner's portion of the special water assessment under section 126 of the Public Health (Scotland) Act 1897, even where the owner and occupier are the same person; the statutory scheme provides for alternative, not cumulative, charging methods.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to (majority, Lord Salvesen dissenting)

Orders

  • Defenders assoilzied (absolved) from the claim for owner's portion of water assessment.
  • No further liability for water assessment in addition to meter rate.