Callender'S Cable and Construction Co., Ltd v. Corporation of Glasgow [1900] ScotLR 37_301 (18 January 1900)

Callender'S Cable and Construction Co., Ltd v. Corporation of Glasgow [1900] ScotLR 37_301 (18 January 1900)

An action of declarator seeking a general judicial pronouncement that a manufactured article satisfies the requirements of a building bye-law is incompetent, as it would improperly supersede the statutory process of administrative and judicial review provided for building regulation compliance.

Citation
[1900] ScotLR 37_301
Parties
Pursuer: Callender's Cable and Construction Company, Limited; Defender: Corporation of Glasgow; Defender: John Whyte (Master of Works)
Jurisdiction
Scotland
Judgment Date
18 January 1900
Procedural Posture
Civil Declarator / Reclaiming Motion (appeal) From Dismissal at First Instance
Outcome
action dismissed as incompetent; interlocutor of Lord Ordinary adhered to
Legal Topics
Competency of Declarator, Building Bye Laws, Public Officer Duties, Judicial Review of Administrative Acts
Administrative Law Local Government Law Building Regulations Competency of Declarator Building Bye Laws Public Officer Duties Judicial Review of Administrative Acts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Callender's Cable and Construction Company, Limited

Pursuer

Corporation of Glasgow

Defender

John Whyte (Master of Works)

Defender

Procedural Posture

Civil Declarator / Reclaiming Motion (appeal) From Dismissal at First Instance

Legal Issues

  1. 1 Whether an action of declarator is competent to establish that a manufactured article satisfies the requirements of a building bye-law in general terms
  2. 2 Whether the court can supersede the statutory process for approval of building materials by public officers and the Dean of Guild Court

Ratio Decidendi

An action of declarator seeking a general judicial pronouncement that a manufactured article satisfies the requirements of a building bye-law is incompetent, as it would improperly supersede the statutory process of administrative and judicial review provided for building regulation compliance.

Court Disposition

action dismissed as incompetent; interlocutor of Lord Ordinary adhered to

Orders

  • Action dismissed
  • Interlocutor of Lord Ordinary adhered to