Aird and Others v. Tarbert School Board and Others [1906] ScotLR 44_26 (01 November 1906)

Aird and Others v. Tarbert School Board and Others [1906] ScotLR 44_26 (01 November 1906)

The Court refused to entertain the reclaiming note on expenses because the statutory point under the Public Authorities Protection Act 1893 was not argued before the Lord Ordinary, and there is no precedent for altering the Lord Ordinary's judgment on expenses on a new point raised for the first time in the Inner House.

Citation
[1906] ScotLR 44_26
Parties
Pursuers/respondents: Robert Aird (deceased), Mrs Margaret Aird, John Aird, and others; Defenders/reclaimers: Tarbert School Board and its members
Jurisdiction
Scotland
Judgment Date
01 November 1906
Procedural Posture
Civil / Reclaiming Note (appeal) on Expenses After Decree of Absolvitor of Consent
Outcome
reclaiming note refused; interlocutor of Lord Ordinary adhered to
Legal Topics
Expenses, Costs, Public Authorities Protection Act 1893, Judicial Discretion, Reclaiming Note, Abandonment of Action
Civil Procedure Administrative Law Expenses Costs Public Authorities Protection Act 1893 Judicial Discretion Reclaiming Note Abandonment of Action

Case Brief

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Parties

Robert Aird (deceased), Mrs Margaret Aird, John Aird, and others

Pursuers/respondents

Tarbert School Board and its members

Defenders/reclaimers

Procedural Posture

Civil / Reclaiming Note (appeal) on Expenses After Decree of Absolvitor of Consent

Legal Issues

  1. 1 Whether the Court can entertain a reclaiming note on expenses based on a statutory point not argued before the Lord Ordinary
  2. 2 Whether section 1(b) of the Public Authorities Protection Act 1893 applies to a decree of absolvitor obtained of consent

Ratio Decidendi

The Court refused to entertain the reclaiming note on expenses because the statutory point under the Public Authorities Protection Act 1893 was not argued before the Lord Ordinary, and there is no precedent for altering the Lord Ordinary's judgment on expenses on a new point raised for the first time in the Inner House.

Court Disposition

reclaiming note refused; interlocutor of Lord Ordinary adhered to

Orders

  • No expenses due to or by either party; decree of absolvitor for defenders stands