Da Prato and Others v. Magistrates of Partick [1906] ScotLR 43_406 (27 February 1906)

Da Prato and Others v. Magistrates of Partick [1906] ScotLR 43_406 (27 February 1906)

The bye-law, on its face, complies with the statutory requirement of not restricting business hours to less than fifteen daily and is not ultra vires. The Court cannot set aside the bye-law on grounds of unreasonableness or hardship to the pursuers, as these matters are for the confirming authorities under the statute.

Citation
[1906] ScotLR 43_406
Parties
Pursuers: Mansueto da Prato and others; Defenders: Provost, Magistrates, and Councillors of the Burgh of Partick and others
Jurisdiction
Scotland
Judgment Date
27 February 1906
Procedural Posture
Action for Reduction of Bye Law / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Ultra Vires, Bye Laws, Regulation of Business Hours, Judicial Review, Burgh Police (scotland) Acts
Administrative Law Local Government Law Statutory Interpretation Ultra Vires Bye Laws Regulation of Business Hours Judicial Review Burgh Police (scotland) Acts

Case Brief

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Parties

Mansueto da Prato and others

Pursuers

Provost, Magistrates, and Councillors of the Burgh of Partick and others

Defenders

Procedural Posture

Action for Reduction of Bye Law / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether the bye-law restricting ice-cream shop hours was ultra vires the powers conferred by statute
  2. 2 Whether the bye-law was unreasonable or oppressive and thus voidable

Ratio Decidendi

The bye-law, on its face, complies with the statutory requirement of not restricting business hours to less than fifteen daily and is not ultra vires. The Court cannot set aside the bye-law on grounds of unreasonableness or hardship to the pursuers, as these matters are for the confirming authorities under the statute.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Action dismissed with expenses to defenders.