Edinburgh Magistrates v. Lord Advocate [1912] ScotLR 873 (26 June 1912)

Edinburgh Magistrates v. Lord Advocate [1912] ScotLR 873 (26 June 1912)

Section 78 of the Edinburgh Corporation Act 1906 exempts Crown property from the building restrictions in section 67, and this exemption applies not only to existing buildings but also to future buildings and extensions. The Corporation was not entitled to enforce the restriction against the Crown, and the prior conduct in the Dean of Guild Court did not bar the Crown from completing the building. The interlocutor of the Lord Ordinary was recalled and the defender assoilzied.

Citation
[1912] ScotLR 873
Parties
Pursuer: Lord Provost, Magistrates, and Council of the City of Edinburgh; Defender: His Majesty's Advocate (representing the Commissioners of His Majesty's Works and Public Buildings)
Jurisdiction
Scotland
Judgment Date
26 June 1912
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Defender assoilzied (absolved from conclusions of the summons); Lord Ordinary's interlocutor recalled.
Legal Topics
Statutory Interpretation, Crown Exemption, Building Regulations, Municipal Powers, Bar/estoppel
Administrative Law Constitutional Law Local Government Law Statutory Interpretation Crown Exemption Building Regulations Municipal Powers Bar/estoppel

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Parties

Lord Provost, Magistrates, and Council of the City of Edinburgh

Pursuer

His Majesty's Advocate (representing the Commissioners of His Majesty's Works and Public Buildings)

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the exemption in section 78 of the Edinburgh Corporation Act 1906 applies to future buildings or only to existing buildings vested in the Crown.
  2. 2 Whether the Corporation was barred from objecting to the completion of the building by its prior conduct in the Dean of Guild Court.
  3. 3 Whether the Crown is bound by local statutory restrictions absent express words.

Ratio Decidendi

Section 78 of the Edinburgh Corporation Act 1906 exempts Crown property from the building restrictions in section 67, and this exemption applies not only to existing buildings but also to future buildings and extensions. The Corporation was not entitled to enforce the restriction against the Crown, and the prior conduct in the Dean of Guild Court did not bar the Crown from completing the building. The interlocutor of the Lord Ordinary was recalled and the defender assoilzied.

Court Disposition

Defender assoilzied (absolved from conclusions of the summons); Lord Ordinary's interlocutor recalled.

Orders

  • Recall of Lord Ordinary's interlocutor.
  • Assoilzies the defender from the conclusions of the summons.