Speirs & Knox v. Marshall's Trustees [1904] ScotLR 41_249 (23 January 1904)

Speirs & Knox v. Marshall's Trustees [1904] ScotLR 41_249 (23 January 1904)

Liability for statutory paving expenses under the Public Health (Scotland) Act 1897 is not limited to the owner at the time of requisition; subsequent owners or occupiers who enter into possession before allocation of expenses are also liable, and a factor who pays such expenses is entitled to relief from them.

Citation
[1904] ScotLR 41_249
Parties
Pursuer: Speirs & Knox; Defender: Marshall's Trustees
Jurisdiction
Scotland
Judgment Date
23 January 1904
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Inner House, Second Division
Outcome
appeal dismissed
Legal Topics
Liability for Statutory Works, Right of Relief, Public Health Legislation, Ownership and Occupation
Property Law Local Government Law Statutory Interpretation Liability for Statutory Works Right of Relief Public Health Legislation Ownership and Occupation

Case Brief

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Parties

Speirs & Knox

Pursuer

Marshall's Trustees

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Inner House, Second Division

Legal Issues

  1. 1 Whether liability for statutory paving expenses under the Public Health (Scotland) Act 1897 attaches to subsequent owners or occupiers after requisition and execution of works
  2. 2 Whether a party who pays such expenses as factor is entitled to relief from a subsequent owner or occupier

Ratio Decidendi

Liability for statutory paving expenses under the Public Health (Scotland) Act 1897 is not limited to the owner at the time of requisition; subsequent owners or occupiers who enter into possession before allocation of expenses are also liable, and a factor who pays such expenses is entitled to relief from them.

Court Disposition

appeal dismissed

Orders

  • Sheriff's judgment affirmed
  • Defenders to pay expenses