The Fife Council v. Watters [2006] ScotSC 13 (27 February 2006)

The Fife Council v. Watters [2006] ScotSC 13 (27 February 2006)

The application under section 3(2) of the Civic Government (Scotland) Act 1982 is made when it is lodged with the Sheriff Clerk, not when it is served. Therefore, the present application was competent as it was lodged within the statutory period.

Citation
[2006] ScotSC 13
Parties
Pursuer: The Fife Council; Defender: Christopher Watters
Jurisdiction
Scotland
Judgment Date
27 February 2006
Procedural Posture
Summary Application / Judgment After Debate on Competency
Outcome
Application granted; extension of time ordered.
Legal Topics
Taxi Driver's Licence Renewal, Time Limits for Applications, Summary Application Procedure, Extension of Time
Administrative Law Licensing Law Civil Procedure Taxi Driver's Licence Renewal Time Limits for Applications Summary Application Procedure Extension of Time

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Parties

The Fife Council

Pursuer

Christopher Watters

Defender

Procedural Posture

Summary Application / Judgment After Debate on Competency

Legal Issues

  1. 1 Whether an application under section 3(2) of the Civic Government (Scotland) Act 1982 is made when lodged or when served
  2. 2 Whether the present application was competent given service occurred after the statutory period

Ratio Decidendi

The application under section 3(2) of the Civic Government (Scotland) Act 1982 is made when it is lodged with the Sheriff Clerk, not when it is served. Therefore, the present application was competent as it was lodged within the statutory period.

Court Disposition

Application granted; extension of time ordered.

Orders

  • Defences allowed to be amended at the Bar.
  • Defender's first and second pleas in law repelled.