Stirling County Council v. Falkirk Magistrates [1912] ScotLR 968 (12 July 1912)

Stirling County Council v. Falkirk Magistrates [1912] ScotLR 968 (12 July 1912)

Ratepayers with a direct patrimonial interest have title to sue for declarator to prevent the application of rates to purposes not authorised by statute or common law; the magistrates of Falkirk had no power to defray the expenses of an unsuccessful Provisional Order for burgh extension out of general assessments, as such expenditure was ultra vires.

Citation
[1912] ScotLR 968
Parties
Pursuer: Stirling County Council and others; Defender: Provost, Magistrates, and Councillors of the Burgh of Falkirk
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; defenders' pleas repelled; declarator granted in favour of pursuers; expenses awarded to pursuers.
Legal Topics
Title to Sue, Rates and Assessments, Ultra Vires Acts, Declarator, Interdict, Burgh Administration
Administrative Law Local Government Law Taxation Law Title to Sue Rates and Assessments Ultra Vires Acts Declarator Interdict +1 more

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Parties

Stirling County Council and others

Pursuer

Provost, Magistrates, and Councillors of the Burgh of Falkirk

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether ratepayers have title to sue to challenge the legality of burgh assessments for promotion expenses of an unsuccessful Provisional Order.
  2. 2 Whether the magistrates of a burgh are entitled under statute or common law to defray such expenses out of general assessments.

Ratio Decidendi

Ratepayers with a direct patrimonial interest have title to sue for declarator to prevent the application of rates to purposes not authorised by statute or common law; the magistrates of Falkirk had no power to defray the expenses of an unsuccessful Provisional Order for burgh extension out of general assessments, as such expenditure was ultra vires.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; defenders' pleas repelled; declarator granted in favour of pursuers; expenses awarded to pursuers.

Orders

  • Recall of Lord Ordinary's interlocutor of 10 April 1912.
  • Repel all pleas-in-law for defenders.