Farquhar & Gill v. Aberdeen Magistrates [1912] ScotLR 975 (13 July 1912)

Farquhar & Gill v. Aberdeen Magistrates [1912] ScotLR 975 (13 July 1912)

It was ultra vires for the Town Council of Aberdeen to impose or levy any assessment or rates under the local water Acts for the purpose of paying expenses incurred in promoting an unsuccessful Provisional Order and Private Bill for a new water supply; ratepayers have title to sue to prevent such unlawful expenditure; the limitation provisions of the Public Authorities Protection Act 1893 do not bar the remedy of interdict in these circumstances.

Citation
[1912] ScotLR 975
Parties
Complainers: Farquhar & Gill and others; Respondents: Lord Provost, Magistrates, and Town Council of the City of Aberdeen
Jurisdiction
Scotland
Judgment Date
13 July 1912
Procedural Posture
Note of Suspension and Interdict / Inner House, First Division, on Reclaiming Motion (appeal) From Lord Ordinary
Outcome
Interlocutor of Lord Ordinary recalled; respondents' pleas-in-law repelled; finding that respondents not entitled to impose or levy rates for the impugned purpose; cause continued.
Legal Topics
Ultra Vires, Rates and Assessments, Burgh Law, Statutory Interpretation, Title to Sue
Administrative Law Local Government Law Public Finance Ultra Vires Rates and Assessments Burgh Law Statutory Interpretation Title to Sue

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Parties

Farquhar & Gill and others

Complainers

Lord Provost, Magistrates, and Town Council of the City of Aberdeen

Respondents

Procedural Posture

Note of Suspension and Interdict / Inner House, First Division, on Reclaiming Motion (appeal) From Lord Ordinary

Legal Issues

  1. 1 Whether the Town Council of Aberdeen acted ultra vires in imposing assessments or levying rates to pay for expenses of an unsuccessful Provisional Order and Private Bill for a new water supply.
  2. 2 Whether ratepayers had title to sue to prevent such expenditure.
  3. 3 Whether the Public Authorities Protection Act 1893 barred the action.

Ratio Decidendi

It was ultra vires for the Town Council of Aberdeen to impose or levy any assessment or rates under the local water Acts for the purpose of paying expenses incurred in promoting an unsuccessful Provisional Order and Private Bill for a new water supply; ratepayers have title to sue to prevent such unlawful expenditure; the limitation provisions of the Public Authorities Protection Act 1893 do not bar the remedy of interdict in these circumstances.

Court Disposition

Interlocutor of Lord Ordinary recalled; respondents' pleas-in-law repelled; finding that respondents not entitled to impose or levy rates for the impugned purpose; cause continued.

Orders

  • Recall of Lord Ordinary's interlocutor.
  • Repelling of respondents' pleas-in-law.