Parish Council of City Parish of Edinburgh v. Parish Council of Lauder [1901] ScotLR 38_509 (20 March 1901)

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

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Parties

Parish Council of City Parish of Edinburgh

Pursuer

Parish Council of Lauder

Defender

Procedural Posture

Civil / Appeal

  1. 1 Whether Alexander Blaikie acquired a residential settlement in the City Parish of Edinburgh under statutory requirements after parish boundary alterations
  2. 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