McColl v Strathclyde RC [1983] ScotCS CSOH_2 (29 June 1983)

McColl v Strathclyde RC [1983] ScotCS CSOH_2 (29 June 1983)

The fluoridation of water by the respondents is ultra vires their statutory powers because the duty to supply 'wholesome water' does not extend to adding substances for general health improvement purposes; it is limited to ensuring water is free from contamination and safe to drink. Fluoridation is not incidental or...

Source-derived case information.

Citation
[1983] ScotCS CSOH_2
Parties
Petitioner: M'Coll; Respondent: Strathclyde Regional Council
Jurisdiction
Scotland
Judgment Date
29 June 1983
Procedural Posture
Petition for Interdict (injunction) / Judgment After Proof (trial)
Outcome
Petition sustained in part; interdict granted on ultra vires ground; other grounds repelled.
Legal Topics
Ultra Vires, Water Fluoridation, Nuisance, Statutory Duties of Water Authorities, Medicines Act Compliance
Administrative Law Public Health Law Statutory Interpretation Ultra Vires Water Fluoridation Nuisance Statutory Duties of Water Authorities Medicines Act Compliance

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Parties

M'Coll

Petitioner

Strathclyde Regional Council

Respondent

Procedural Posture

Petition for Interdict (injunction) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the fluoridation of water by the respondents is ultra vires their statutory powers under the Water (Scotland) Act 1980
  2. 2 Whether fluoridation constitutes a nuisance or health hazard
  3. 3 Whether fluoridation breaches the duty to supply wholesome water under section 8 of the Water (Scotland) Act 1980

Ratio Decidendi

The fluoridation of water by the respondents is ultra vires their statutory powers because the duty to supply 'wholesome water' does not extend to adding substances for general health improvement purposes; it is limited to ensuring water is free from contamination and safe to drink. Fluoridation is not incidental or conducive to this statutory purpose. The other grounds (nuisance, breach of duty to supply wholesome water, and breach of the Medicines Act) fail on the facts and law.

Court Disposition

Petition sustained in part; interdict granted on ultra vires ground; other grounds repelled.

Orders

  • Interdict granted restraining the respondents from implementing fluoridation of water supplies on the ground of ultra vires.
  • Petitioner's first and third pleas-in-law repelled.