A B and Others v. C D and The Lord Advocate [1916] ScotLR 114 (29 November 1916)

A B and Others v. C D and The Lord Advocate [1916] ScotLR 114 (29 November 1916)

The complainers failed to aver that the officer acted without authority or outside statutory powers; the Defence of the Realm Regulations confer absolute power to take possession of land for national defence without consent; interdict cannot be granted against an officer acting under such authority; pleadings are irrelevant and incompetent.

Citation
[1916] ScotLR 114
Parties
Complainers: A B and Others; Respondent: C D; Respondent: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
29 November 1916
Procedural Posture
Note of Suspension and Interdict / Appeal/reclaiming Motion Before Inner House
Outcome
prayer of the note refused; interim interdict recalled
Legal Topics
Defence of the Realm, Interdict, Statutory Powers, Military Requisition of Land
Public Law Military Law Property Law Defence of the Realm Interdict Statutory Powers Military Requisition of Land

Case Brief

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Parties

A B and Others

Complainers

C D

Respondent

The Lord Advocate

Respondent

Procedural Posture

Note of Suspension and Interdict / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Whether military authorities can take possession of private land without consent under Defence of the Realm Regulations
  2. 2 Whether interdict can be granted against an officer acting under statutory authority
  3. 3 Whether the pleadings are relevant to support interdict

Ratio Decidendi

The complainers failed to aver that the officer acted without authority or outside statutory powers; the Defence of the Realm Regulations confer absolute power to take possession of land for national defence without consent; interdict cannot be granted against an officer acting under such authority; pleadings are irrelevant and incompetent.

Court Disposition

prayer of the note refused; interim interdict recalled

Orders

  • interlocutor of Lord Ordinary recalled
  • interim interdict recalled