Grieve and Others v. Edinburgh and District Water Trustees [1918] ScotLR 691 (08 June 1918)

Grieve and Others v. Edinburgh and District Water Trustees [1918] ScotLR 691 (08 June 1918)

The Edinburgh and District Water Trustees acted ultra vires in undertaking plumbing work beyond their statutory powers, and neither the Defence of the Realm Regulations nor the royal prerogative justified or extended their authority to do so in the absence of a formal requisition or statutory provision. Declarator and interdict were properly granted to prevent such ultra vires acts.

Citation
[1918] ScotLR 691
Parties
Pursuers: George Grieve and others; Defenders: Edinburgh and District Water Trustees
Jurisdiction
Scotland
Judgment Date
08 June 1918
Procedural Posture
Civil Action for Declarator and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Ultra Vires, Statutory Powers of Public Authorities, Defence of the Realm Regulations, Royal Prerogative, Emergency Powers, Competition With Tradesmen
Administrative Law Statutory Interpretation Public Law Ultra Vires Statutory Powers of Public Authorities Defence of the Realm Regulations Royal Prerogative Emergency Powers +1 more

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Parties

George Grieve and others

Pursuers

Edinburgh and District Water Trustees

Defenders

Procedural Posture

Civil Action for Declarator and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether statutory water trustees may lawfully engage in plumbing work beyond their statutory powers at the request of military authorities during wartime.
  2. 2 Whether the Defence of the Realm Regulations or royal prerogative extend the trustees' powers to undertake such work.

Ratio Decidendi

The Edinburgh and District Water Trustees acted ultra vires in undertaking plumbing work beyond their statutory powers, and neither the Defence of the Realm Regulations nor the royal prerogative justified or extended their authority to do so in the absence of a formal requisition or statutory provision. Declarator and interdict were properly granted to prevent such ultra vires acts.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Declarator granted in terms of the amended summons that defenders are not entitled to engage in the trade or business of plumbing beyond statutory powers.
  • Interdict granted prohibiting defenders from engaging in such plumbing work.