Somerville v. The New Edinburgh Billposting Co. [1911] ScotLR 477 (15 March 1911)

Somerville v. The New Edinburgh Billposting Co. [1911] ScotLR 477 (15 March 1911)

The Dean of Guild Court had jurisdiction under section 48 of the Edinburgh Corporation Act 1899 as the hoarding was on land adjoining a street; the statutory requirement is satisfaction of the Dean of Guild as to security, not the Court of Session; the Dean of Guild's order for removal was proper given the structure's condition at the time; procedural error in not allowing answers did not vitiate the order in the circumstances.

Citation
[1911] ScotLR 477
Parties
Petitioner/respondent: George Somerville, Procurator-Fiscal of the Dean of Guild Court, Edinburgh; Respondent/appellant: The New Edinburgh Billposting Company
Jurisdiction
Scotland
Judgment Date
15 March 1911
Procedural Posture
Appeal (dean of Guild Court to Court of Session) / Judgment on Appeal
Outcome
appeal refused; Dean of Guild's interlocutor affirmed
Legal Topics
Competency of Appeal, Statutory Interpretation, Local Authority Powers, Building Regulation, Procedural Fairness
Local Government Law Administrative Law Property Law Competency of Appeal Statutory Interpretation Local Authority Powers Building Regulation Procedural Fairness

Case Brief

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Parties

George Somerville, Procurator-Fiscal of the Dean of Guild Court, Edinburgh

Petitioner/respondent

The New Edinburgh Billposting Company

Respondent/appellant

Procedural Posture

Appeal (dean of Guild Court to Court of Session) / Judgment on Appeal

Legal Issues

  1. 1 Whether the Dean of Guild Court had jurisdiction under section 48 of the Edinburgh Corporation Act 1899 to order removal of the hoarding
  2. 2 Whether the hoarding was on land 'adjoining' a street within the meaning of the Act
  3. 3 Whether the Dean of Guild erred in not allowing the respondents to lodge answers

Ratio Decidendi

The Dean of Guild Court had jurisdiction under section 48 of the Edinburgh Corporation Act 1899 as the hoarding was on land adjoining a street; the statutory requirement is satisfaction of the Dean of Guild as to security, not the Court of Session; the Dean of Guild's order for removal was proper given the structure's condition at the time; procedural error in not allowing answers did not vitiate the order in the circumstances.

Court Disposition

appeal refused; Dean of Guild's interlocutor affirmed

Orders

  • Affirm the interlocutor of the Dean of Guild of 27th December 1910
  • Remit the case back to the Dean of Guild to proceed as accords