Dunlop Parish and Stewarton Parish School Boards v. Cunninghame Graham Bursaries Endowment Fund Patrons [1910] ScotLR 811 (16 July 1910)

Dunlop Parish and Stewarton Parish School Boards v. Cunninghame Graham Bursaries Endowment Fund Patrons [1910] ScotLR 811 (16 July 1910)

School boards, as statutory bodies, have no title to sue for alleged breaches in the administration of a bursary trust not under their control, as their interest in attracting pupils or increasing grants is too remote and not within their statutory functions.

Citation
[1910] ScotLR 811
Parties
Pursuer: Dunlop Parish and Stewarton Parish School Boards; Defender: Cunninghame Graham Bursaries Endowment Fund Patrons (Rev. William Young Lindsay, Rev. James Lamont Fyfe, Rev. James Symon, Rev. William Falconer Ogilvie)
Jurisdiction
Scotland
Judgment Date
16 July 1910
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal refused, action dismissed
Legal Topics
Title to Sue, Statutory Bodies, Educational Endowments, Ultra Vires Acts, Administration of Charitable Trusts
Education Law Trusts and Charities Public Law Title to Sue Statutory Bodies Educational Endowments Ultra Vires Acts Administration of Charitable Trusts

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 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dunlop Parish and Stewarton Parish School Boards

Pursuer

Cunninghame Graham Bursaries Endowment Fund Patrons (Rev. William Young Lindsay, Rev. James Lamont Fyfe, Rev. James Symon, Rev. William Falconer Ogilvie)

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether school boards have title and interest to sue the patrons of an educational bursary fund for alleged breach of the scheme's conditions.
  2. 2 Whether a statutory body can challenge the administration of a trust not under its direct control.

Ratio Decidendi

School boards, as statutory bodies, have no title to sue for alleged breaches in the administration of a bursary trust not under their control, as their interest in attracting pupils or increasing grants is too remote and not within their statutory functions.

Court Disposition

appeal refused, action dismissed

Orders

  • Affirmed the interlocutor of the Sheriff dated 22nd November 1909.
  • Refused the appeal with expenses.