D. & J. Nicol v. Dundee Harbour Trustees [1914] ScotLR 329 (20 February 1914)

D. & J. Nicol v. Dundee Harbour Trustees [1914] ScotLR 329 (20 February 1914)

The Dundee Harbour Trustees have no express or implied statutory power to use their ferry steamers for excursion traffic outside the defined ferry limits; such use is ultra vires. The complainers, as rival traders directly affected in their business and as ratepayers exposed to potential financial risk, have sufficient title and interest to sue for interdict to restrain the Trustees' ultra vires acts. The Lord Advocate would not have title to sue in the private interest of the complainers. The interlocutor of the Lord Ordinary interdicting the Trustees is affirmed.

Citation
[1914] ScotLR 329
Parties
Complainers (applicants): D. & J. Nicol, shipowners and shipbrokers and agents, and David Nicol and James Urquhart Nicol, the individual partners thereof; Respondents: Dundee Harbour Trustees
Jurisdiction
Scotland
Judgment Date
20 February 1914
Procedural Posture
Civil (interdict/suspension) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Appeal refused; interlocutor of Lord Ordinary affirmed.
Legal Topics
Ultra Vires Acts, Statutory Interpretation, Title to Sue, Public Trusts, Competition Law, Ratepayer Standing
Public Law Administrative Law Corporate Law Trust Law Ultra Vires Acts Statutory Interpretation Title to Sue Public Trusts +2 more

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Parties

D. & J. Nicol, shipowners and shipbrokers and agents, and David Nicol and James Urquhart Nicol, the individual partners thereof

Complainers (applicants)

Dundee Harbour Trustees

Respondents

Procedural Posture

Civil (interdict/suspension) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether the Dundee Harbour Trustees acted ultra vires by employing ferry steamers for excursion traffic beyond statutory limits
  2. 2 Whether rival traders and/or ratepayers have title and interest to sue for interdict against such acts

Ratio Decidendi

The Dundee Harbour Trustees have no express or implied statutory power to use their ferry steamers for excursion traffic outside the defined ferry limits; such use is ultra vires. The complainers, as rival traders directly affected in their business and as ratepayers exposed to potential financial risk, have sufficient title and interest to sue for interdict to restrain the Trustees' ultra vires acts. The Lord Advocate would not have title to sue in the private interest of the complainers. The interlocutor of the Lord Ordinary interdicting the Trustees is affirmed.

Court Disposition

Appeal refused; interlocutor of Lord Ordinary affirmed.

Orders

  • Interdict granted restraining the Dundee Harbour Trustees from carrying passengers by means of Tay Ferries steamers from and to places outwith the boundaries of the ferries as defined by the Dundee Harbour and Tay Ferries Consolidation Act 1911.