Perth and Kinross Council v. Scott [2004] ScotCS 249 (02 November 2004)

Perth and Kinross Council v. Scott [2004] ScotCS 249 (02 November 2004)

Section 141(2) of the Roads (Scotland) Act 1984, when read with section 140(6), entitles a roads authority to recover from the owner or occupier the expenses reasonably incurred in carrying out works required by a notice under section 91(2) where the owner or occupier has failed to comply. The drafting technique adopted was to provide a single, general provision for recovery of expenses, and the literal meaning of the text supports this construction.

Citation
[2004] ScotCS 249
Parties
Pursuer: Perth & Kinross Council; Defender: Mrs Anne Scott
Jurisdiction
Scotland
Judgment Date
02 November 2004
Procedural Posture
Civil / Procedure Roll (pleadings Debate)
Outcome
Defender's first and second pleas in law repelled; proof allowed restricted to quantum.
Legal Topics
Recovery of Expenses by Roads Authority, Interpretation of Roads (scotland) Act 1984, Statutory Notice Procedures, Obligations of Property Owners
Administrative Law Local Government Law Statutory Interpretation Recovery of Expenses by Roads Authority Interpretation of Roads (scotland) Act 1984 Statutory Notice Procedures Obligations of Property Owners

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Perth & Kinross Council

Pursuer

Mrs Anne Scott

Defender

Procedural Posture

Civil / Procedure Roll (pleadings Debate)

Legal Issues

  1. 1 Whether the Roads (Scotland) Act 1984 entitles a roads authority to recover expenses incurred in carrying out works following an owner's failure to comply with a notice under section 91(2)
  2. 2 Proper construction of sections 91, 140, and 141 of the 1984 Act

Ratio Decidendi

Section 141(2) of the Roads (Scotland) Act 1984, when read with section 140(6), entitles a roads authority to recover from the owner or occupier the expenses reasonably incurred in carrying out works required by a notice under section 91(2) where the owner or occupier has failed to comply. The drafting technique adopted was to provide a single, general provision for recovery of expenses, and the literal meaning of the text supports this construction.

Court Disposition

Defender's first and second pleas in law repelled; proof allowed restricted to quantum.

Orders

  • Proof restricted to quantum allowed.