Aberdeen Parish Council v. Banff Parish Council [1909] ScotLR 123 (20 November 1909)

Aberdeen Parish Council v. Banff Parish Council [1909] ScotLR 123 (20 November 1909)

By majority, the Court held that Mrs Smith acquired a derivative residential settlement in Aberdeen by virtue of her husband's three years' continuous residence there prior to his chargeability, and that the law in force at the time of her claim (the 1898 Act) governed the determination of settlement. The receipt of relief by the husband after the three-year period did not extinguish the settlement for the purposes of the widow's claim, as the Act's proviso only protected those chargeable at its commencement. Therefore, Aberdeen Parish Council could not claim reimbursement from Banff Parish Council.

Citation
[1909] ScotLR 123
Parties
Pursuer: Aberdeen Parish Council; Defender: Banff Parish Council
Jurisdiction
Scotland
Judgment Date
20 November 1909
Procedural Posture
Civil / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
appeal dismissed; judgment for defenders (Banff Parish Council) affirmed
Legal Topics
Poor Law, Parochial Relief, Settlement by Residence, Derivative Settlement, Statutory Interpretation
Public Law Social Welfare Law Poor Law Parochial Relief Settlement by Residence Derivative Settlement Statutory Interpretation

Case Brief

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Parties

Aberdeen Parish Council

Pursuer

Banff Parish Council

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether Mrs Isabella Pirie or Smith had a derivative residential settlement in Aberdeen by virtue of her husband's residence prior to his chargeability and the commencement of the Poor Law (Scotland) Act 1898
  2. 2 Whether the Act of 1898 applies retrospectively to residence prior to its commencement for the purpose of settlement
  3. 3 Whether the receipt of parochial relief by the husband prior to the Act's commencement extinguished the effect of his prior residence for settlement purposes

Ratio Decidendi

By majority, the Court held that Mrs Smith acquired a derivative residential settlement in Aberdeen by virtue of her husband's three years' continuous residence there prior to his chargeability, and that the law in force at the time of her claim (the 1898 Act) governed the determination of settlement. The receipt of relief by the husband after the three-year period did not extinguish the settlement for the purposes of the widow's claim, as the Act's proviso only protected those chargeable at its commencement. Therefore, Aberdeen Parish Council could not claim reimbursement from Banff Parish Council.

Court Disposition

appeal dismissed; judgment for defenders (Banff Parish Council) affirmed

Orders

  • Defenders assoilzied (absolved) from the conclusions of the action
  • No claim for relief by Aberdeen Parish Council against Banff Parish Council