Caledonian Railway Co. v. Corporation of Glasgow [1905] ScotLR 42_773 (19 July 1905)

Caledonian Railway Co. v. Corporation of Glasgow [1905] ScotLR 42_773 (19 July 1905)

The Corporation was not entitled to enter in the register any width other than the actual width of existing streets; the statutory finality clause does not preclude the Court's jurisdiction where the Corporation acts ultra vires; however, the action was premature as the statutory process before the Sheriff was not yet exhausted.

Citation
[1905] ScotLR 42_773
Parties
Pursuer: Caledonian Railway Company; Defender: Corporation of Glasgow; Defender: Thomas Nisbet, C.E., Registrar of Public Streets
Jurisdiction
Scotland
Judgment Date
19 July 1905
Procedural Posture
Action of Declarator and Reduction / Inner House, First Division, Court of Session (before Seven Judges), on Report From Lord Low, Ordinary
Outcome
Action dismissed as premature.
Legal Topics
Statutory Interpretation, Ultra Vires Acts, Building Regulations, Register of Streets, Competency of Action, Finality Clauses, Declarator and Reduction
Administrative Law Local Government Law Property Law Statutory Interpretation Ultra Vires Acts Building Regulations Register of Streets Competency of Action +2 more

Case Brief

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Parties

Caledonian Railway Company

Pursuer

Corporation of Glasgow

Defender

Thomas Nisbet, C.E., Registrar of Public Streets

Defender

Procedural Posture

Action of Declarator and Reduction / Inner House, First Division, Court of Session (before Seven Judges), on Report From Lord Low, Ordinary

Legal Issues

  1. 1 Whether the Corporation of Glasgow was entitled to enter in the Register of Public Streets a width greater than the actual width of existing streets under the Glasgow Building Regulations Act 1900.
  2. 2 Whether the action for declarator and reduction was competent given the statutory appeal to the Sheriff with a finality clause.
  3. 3 Whether the entries in the register and explanatory notes were ultra vires of the Corporation.

Ratio Decidendi

The Corporation was not entitled to enter in the register any width other than the actual width of existing streets; the statutory finality clause does not preclude the Court's jurisdiction where the Corporation acts ultra vires; however, the action was premature as the statutory process before the Sheriff was not yet exhausted.

Court Disposition

Action dismissed as premature.

Orders

  • The action is dismissed as being premature.
  • No expenses found due to either party.