Macdonald's Trustee v. Somerville [1902] ScotLR 39_724 (13 June 1902)

Macdonald's Trustee v. Somerville [1902] ScotLR 39_724 (13 June 1902)

The owner is not liable under section 166 of the Edinburgh Municipal and Police Act 1879 for expenses incurred by the municipal authorities in defending an interdict action raised by a tenant, as such expenses are not expenses of enforcing removal or demolition within the meaning of the statute.

Citation
[1902] ScotLR 39_724
Parties
Appellant/owner: Mrs Isabella Macdonald or Armour, trustee of the late Dr Macdonald; Respondent/municipal Authority: Procurator-Fiscal of the Dean of Guild Court, Edinburgh
Jurisdiction
Scotland
Judgment Date
13 June 1902
Procedural Posture
Appeal / Inner House, First Division, Court of Session
Outcome
Appeal allowed; interlocutor of the Dean of Guild recalled; case remitted.
Legal Topics
Liability for Expenses, Demolition of Ruinous Buildings, Interpretation of Statutory Obligations
Property Law Municipal Law Liability for Expenses Demolition of Ruinous Buildings Interpretation of Statutory Obligations

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Parties

Mrs Isabella Macdonald or Armour, trustee of the late Dr Macdonald

Appellant/owner

Procurator-Fiscal of the Dean of Guild Court, Edinburgh

Respondent/municipal Authority

Procedural Posture

Appeal / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether the owner of a ruinous property is liable for legal expenses incurred by municipal authorities in resisting an interdict action raised by a tenant against demolition works under section 166 of the Edinburgh Municipal and Police Act 1879.

Ratio Decidendi

The owner is not liable under section 166 of the Edinburgh Municipal and Police Act 1879 for expenses incurred by the municipal authorities in defending an interdict action raised by a tenant, as such expenses are not expenses of enforcing removal or demolition within the meaning of the statute.

Court Disposition

Appeal allowed; interlocutor of the Dean of Guild recalled; case remitted.

Orders

  • The interlocutor of the Dean of Guild dated 20th February 1902 is recalled.
  • The case is remitted to the Dean of Guild for further procedure.