Grieve v Edinburgh and District Water Trustees [1918] ScotCS CSIH_1 (08 June 1918)

Grieve v Edinburgh and District Water Trustees [1918] ScotCS CSIH_1 (08 June 1918)

The Edinburgh and District Water Trustees acted ultra vires by undertaking plumbing work at military camps and schools, as such work was beyond their statutory powers and not justified by any formal requisition, emergency, or extension of powers under the Defence of the Realm Regulations or Royal prerogative. The pursuers were entitled to declarator and interdict against the defenders performing such work.

Citation
[1918] ScotCS CSIH_1
Parties
Pursuer: Grieve; Defender: Edinburgh and District Water Trustees
Jurisdiction
Scotland
Judgment Date
08 June 1918
Procedural Posture
Civil / Appeal (inner House, Court of Session)
Outcome
Declarator and interdict granted in favour of the pursuers; appeal dismissed; interlocutor adhered to.
Legal Topics
Ultra Vires Acts, Statutory Powers of Public Authorities, Royal Prerogative, Defence of the Realm Regulations, Interdict (injunction)
Administrative Law Local Government Law Public Law Ultra Vires Acts Statutory Powers of Public Authorities Royal Prerogative Defence of the Realm Regulations Interdict (injunction)

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Parties

Grieve

Pursuer

Edinburgh and District Water Trustees

Defender

Procedural Posture

Civil / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 Whether the Edinburgh and District Water Trustees acted ultra vires by undertaking plumbing work beyond their statutory powers at military camps and schools during wartime.
  2. 2 Whether a request or order from military authorities or under the Defence of the Realm Regulations could lawfully extend the Trustees' statutory powers to include plumbing work.
  3. 3 Whether the existence of urgency or national interest justified the Trustees' actions.

Ratio Decidendi

The Edinburgh and District Water Trustees acted ultra vires by undertaking plumbing work at military camps and schools, as such work was beyond their statutory powers and not justified by any formal requisition, emergency, or extension of powers under the Defence of the Realm Regulations or Royal prerogative. The pursuers were entitled to declarator and interdict against the defenders performing such work.

Court Disposition

Declarator and interdict granted in favour of the pursuers; appeal dismissed; interlocutor adhered to.

Orders

  • Declarator that the defenders acted ultra vires in performing plumbing work beyond their statutory powers.
  • Interdict granted restraining the defenders from undertaking similar plumbing work in the future.