M'Phie v. Magistrates of Greenock [1904] ScotLR 42_190 (10 December 1904)

M'Phie v. Magistrates of Greenock [1904] ScotLR 42_190 (10 December 1904)

The Public Authorities Protection Act 1893 does not bar an action for damages for breach of contract against a public authority where the authority was not acting in execution of a public duty or authority but merely as managers of property; thus, the statutory limitation does not apply.

Citation
[1904] ScotLR 42_190
Parties
Pursuer/respondent: William Cross M'Phie; Defenders/reclaimers: Provost, Magistrates, and Town Council of Greenock
Jurisdiction
Scotland
Judgment Date
10 December 1904
Procedural Posture
Action of Damages for Breach of Contract / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Repelling Plea and Allowing Proof
Outcome
plea of statutory bar repelled; proof allowed; judgment of Lord Ordinary adhered to
Legal Topics
Breach of Contract, Public Authority Liability, Public Authorities Protection Act 1893, Limitation of Actions
Contract Law Public Law Breach of Contract Public Authority Liability Public Authorities Protection Act 1893 Limitation of Actions

Case Brief

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Parties

William Cross M'Phie

Pursuer/respondent

Provost, Magistrates, and Town Council of Greenock

Defenders/reclaimers

Procedural Posture

Action of Damages for Breach of Contract / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Repelling Plea and Allowing Proof

Legal Issues

  1. 1 Does the Public Authorities Protection Act 1893 bar an action for damages against a public authority for breach of contract when raised more than six months after the alleged breach?
  2. 2 Were the defenders acting in execution of a public duty or authority when letting the Town Hall?

Ratio Decidendi

The Public Authorities Protection Act 1893 does not bar an action for damages for breach of contract against a public authority where the authority was not acting in execution of a public duty or authority but merely as managers of property; thus, the statutory limitation does not apply.

Court Disposition

plea of statutory bar repelled; proof allowed; judgment of Lord Ordinary adhered to

Orders

  • First plea-in-law for defenders repelled
  • Proof allowed