Lanarkshire Upper Ward District Committee v. Airdrie, Coatbridge, and District Water Trustees and Others [1906] ScotLR 43_526 (20 March 1906)

Lanarkshire Upper Ward District Committee v. Airdrie, Coatbridge, and District Water Trustees and Others [1906] ScotLR 43_526 (20 March 1906)

The Public Authorities Protection Act 1893 does not protect a commercial company incorporated by Act of Parliament for profit, nor does it apply to statutory claims for recovery of expenditure under section 100 of the Turnpike Roads Act 1831. The liability is statutory, not delictual, and the right to recover is not time-barred by the Act. Contractors acting as agents are not jointly and severally liable where the authority is held directly responsible.

Citation
[1906] ScotLR 43_526
Parties
Pursuer: Lanarkshire Upper Ward District Committee; Defender: Airdrie, Coatbridge, and District Water Trustees; Defender: Thomas Pate & Son
Jurisdiction
Scotland
Judgment Date
20 March 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; contractors assoilzied (absolved); decree for £400 against Water Trustees only.
Legal Topics
Limitation of Actions, Public Authorities Protection, Statutory Liability for Road Repairs, Corporate Liability Under Statutory Powers
Public Law Statutory Interpretation Local Government Law Contract Law Limitation of Actions Public Authorities Protection Statutory Liability for Road Repairs Corporate Liability Under Statutory Powers

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Parties

Lanarkshire Upper Ward District Committee

Pursuer

Airdrie, Coatbridge, and District Water Trustees

Defender

Thomas Pate & Son

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Public Authorities Protection Act 1893 applies to a commercial water company incorporated by Act of Parliament and its contractors for acts done under statutory authority.
  2. 2 Whether the claim for cost of road repair is subject to the six-month limitation under the Act.
  3. 3 Whether the liability for repair costs is delictual or contractual/statutory in nature.

Ratio Decidendi

The Public Authorities Protection Act 1893 does not protect a commercial company incorporated by Act of Parliament for profit, nor does it apply to statutory claims for recovery of expenditure under section 100 of the Turnpike Roads Act 1831. The liability is statutory, not delictual, and the right to recover is not time-barred by the Act. Contractors acting as agents are not jointly and severally liable where the authority is held directly responsible.

Court Disposition

Interlocutor of Lord Ordinary recalled; contractors assoilzied (absolved); decree for £400 against Water Trustees only.

Orders

  • Decree for £400 against Airdrie, Coatbridge, and District Water Trustees.
  • Thomas Pate & Son assoilzied (absolved) with expenses.