Graham v. Lambie And Others [1905] ScotLR 42_615 (07 June 1905)

Graham v. Lambie And Others [1905] ScotLR 42_615 (07 June 1905)

The Secretary for Scotland's determination under sec. 70(5) of the Local Government (Scotland) Act 1889 is final and not subject to review by the courts; the persons who sign and countersign cheques effecting payment from county funds are the 'persons making' the payments and are properly surcharged for illegal...

Source-derived case information.

Citation
[1905] ScotLR 42_615
Parties
Pursuer: John Graham; Defender: Robert Lambie; Defender: William Neilson; Defender: William Templeton; Defender: Allan Graham Burns Graham; Defender: William Alston Dykes; Defender: Thomas Munro
Jurisdiction
Scotland
Judgment Date
07 June 1905
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed
Legal Topics
Audit of County Council Accounts, Illegal Payments, Statutory Interpretation, Finality of Administrative Decisions, Personal Liability for Public Funds
Local Government Law Administrative Law Audit of County Council Accounts Illegal Payments Statutory Interpretation Finality of Administrative Decisions Personal Liability for Public Funds

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Parties

John Graham

Pursuer

Robert Lambie

Defender

William Neilson

Defender

William Templeton

Defender

Allan Graham Burns Graham

Defender

William Alston Dykes

Defender

Thomas Munro

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the Secretary for Scotland's determination on legality of payments and surcharge is final under the Local Government (Scotland) Act 1889
  2. 2 Who are the 'persons making' illegal payments for the purpose of surcharge under the Act

Ratio Decidendi

The Secretary for Scotland's determination under sec. 70(5) of the Local Government (Scotland) Act 1889 is final and not subject to review by the courts; the persons who sign and countersign cheques effecting payment from county funds are the 'persons making' the payments and are properly surcharged for illegal payments.

Court Disposition

appeal allowed

Orders

  • Interlocutor of Sheriff and Sheriff-Substitute recalled
  • Decree granted against defenders conjunctly and severally for payment of £102, 9s. 6d. to pursuer