Alloa Parish Council v. Urquhart Parish Council [1916] ScotLR 651 (30 June 1916)

Alloa Parish Council v. Urquhart Parish Council [1916] ScotLR 651 (30 June 1916)

Mrs Anderson was not a proper object of parochial relief on the dates in question because she had a substantial compensation fund available to her in court, and no sufficient attempt was made to access or vary the payments from that fund before seeking poor relief. Therefore, Alloa Parish Council could not recover the relief payments from Urquhart Parish Council, and Mrs Anderson acquired a residential settlement in Alloa after three years' residence.

Citation
[1916] ScotLR 651
Parties
Pursuer: Alloa Parish Council; Defender: Urquhart Parish Council
Jurisdiction
Scotland
Judgment Date
30 June 1916
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal dismissed; interlocutors of Sheriff and Sheriff-Substitute adhered to
Legal Topics
Poor Relief, Parochial Settlement, Workmen's Compensation, Entitlement to Relief, Recovery of Relief Payments
Social Welfare Law Local Government Law Poor Relief Parochial Settlement Workmen's Compensation Entitlement to Relief Recovery of Relief Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alloa Parish Council

Pursuer

Urquhart Parish Council

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether Mrs Anderson was a proper object of parochial relief when she received payments from Alloa Parish Council despite having compensation funds available in court
  2. 2 Whether Alloa Parish Council could recover relief payments from Urquhart Parish Council as the parish of settlement

Ratio Decidendi

Mrs Anderson was not a proper object of parochial relief on the dates in question because she had a substantial compensation fund available to her in court, and no sufficient attempt was made to access or vary the payments from that fund before seeking poor relief. Therefore, Alloa Parish Council could not recover the relief payments from Urquhart Parish Council, and Mrs Anderson acquired a residential settlement in Alloa after three years' residence.

Court Disposition

appeal dismissed; interlocutors of Sheriff and Sheriff-Substitute adhered to

Orders

  • Defenders assoilzied (absolved) from liability to repay sums paid by pursuers to Mrs Anderson
  • No order for repayment of relief; Alloa Parish Council not entitled to recover from Urquhart Parish Council