Barbour v. Renfrewshire Lower District Committee [1906] ScotLR 43_348 (03 February 1906)

Barbour v. Renfrewshire Lower District Committee [1906] ScotLR 43_348 (03 February 1906)

The local authority of the district in which the dairy is situated is liable to pay compensation under section 164 of the Public Health (Scotland) Act 1897 for damage caused by a prohibition order, even if the order was made by the Sheriff on appeal at the instance of another authority. The statutory scheme vests the power and corresponding liability in the authority of the district where the dairy is located.

Citation
[1906] ScotLR 43_348
Parties
Pursuer: John Barbour; Defender: Renfrewshire Lower District Committee
Jurisdiction
Scotland
Judgment Date
03 February 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal refused; interlocutor of Lord Ordinary adhered to
Legal Topics
Compensation for Statutory Interference, Liability of Local Authorities, Infectious Diseases, Milk Supply Prohibition
Public Health Law Administrative Law Compensation for Statutory Interference Liability of Local Authorities Infectious Diseases Milk Supply Prohibition

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Parties

John Barbour

Pursuer

Renfrewshire Lower District Committee

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Which local authority is liable to pay compensation under section 164 of the Public Health (Scotland) Act 1897 when a dairy is prohibited from supplying milk by order of the Sheriff?
  2. 2 Does liability attach to the local authority in whose district the dairy is situated or to the authority that procured the order?

Ratio Decidendi

The local authority of the district in which the dairy is situated is liable to pay compensation under section 164 of the Public Health (Scotland) Act 1897 for damage caused by a prohibition order, even if the order was made by the Sheriff on appeal at the instance of another authority. The statutory scheme vests the power and corresponding liability in the authority of the district where the dairy is located.

Court Disposition

appeal refused; interlocutor of Lord Ordinary adhered to

Orders

  • Declarator granted that defenders are liable for compensation under section 164 of the Public Health (Scotland) Act 1897.
  • Defenders found liable in expenses.