Parish Council of City Parish of Edinburgh v. Parish Council of Lauder [1901] ScotLR 38_509 (20 March 1901)
Blaikie did not acquire a residential settlement in the City Parish of Edinburgh because his periods of residence were not continuous in a single parish and statutory requirements for settlement were not met; therefore, Lauder as parish of birth is liable for relief.
- Citation
- [1901] ScotLR 38_509
- Parties
- Pursuer: Parish Council of City Parish of Edinburgh; Defender: Parish Council of Lauder
- Jurisdiction
- Scotland
- Judgment Date
- 20 March 1901
- Procedural Posture
- Civil / Appeal
- Outcome
- appeal dismissed; decree for pursuers
- Legal Topics
- Residential Settlement, Parish Combination, Statutory Relief, Boundary Alteration
Case Brief
Summary, issues, holding and outcome
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Parties
Parish Council of City Parish of Edinburgh
Pursuer
Parish Council of Lauder
Defender
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether Alexander Blaikie acquired a residential settlement in the City Parish of Edinburgh under statutory requirements after parish boundary alterations
- 2 Whether periods of residence in different parishes can be conjoined to satisfy statutory settlement period
Ratio Decidendi
Blaikie did not acquire a residential settlement in the City Parish of Edinburgh because his periods of residence were not continuous in a single parish and statutory requirements for settlement were not met; therefore, Lauder as parish of birth is liable for relief.
Court Disposition
appeal dismissed; decree for pursuers
Orders
- Defenders to relieve pursuers of payments made for Mrs Blaikie and Alexander Blaikie
- Repayment of £31 10s 8d for Mrs Blaikie's relief
Full Case Text
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