Aird v. Tarbert School Board [1906] ScotLR 44_223 (21 December 1906)

Aird v. Tarbert School Board [1906] ScotLR 44_223 (21 December 1906)

No actionable wrong or damages arise from the interim interdict, as the schoolmaster's legal rights were not injuriously affected; he held office at the pleasure of the Board and could be summarily suspended. Claims for damages by executors or individuals for death are incompetent and too remote. Defenders are entitled to expenses as a public authority under the Public Authorities Protection Act 1893.

Citation
[1906] ScotLR 44_223
Parties
Pursuer: Robert Aird (deceased), represented by Mrs Margaret Aird and John Aird; Defender: Tarbert School Board
Jurisdiction
Scotland
Judgment Date
21 December 1906
Procedural Posture
Reparation/interdict / Inner House Appeal, Final Judgment
Outcome
action dismissed
Legal Topics
Wrongful Interdict, Schoolmaster Dismissal, Damages, Expenses, Scope of Action, Public Authorities Protection Act 1893
Civil Liability Education Law Public Authority Law Wrongful Interdict Schoolmaster Dismissal Damages Expenses Scope of Action +1 more

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Parties

Robert Aird (deceased), represented by Mrs Margaret Aird and John Aird

Pursuer

Tarbert School Board

Defender

Procedural Posture

Reparation/interdict / Inner House Appeal, Final Judgment

Legal Issues

  1. 1 Is a schoolmaster entitled to damages for wrongous interdict following irregular dismissal?
  2. 2 Can executors and individuals claim damages for death allegedly caused by interdict?
  3. 3 Are defenders entitled to expenses as a public authority under the Public Authorities Protection Act 1893?

Ratio Decidendi

No actionable wrong or damages arise from the interim interdict, as the schoolmaster's legal rights were not injuriously affected; he held office at the pleasure of the Board and could be summarily suspended. Claims for damages by executors or individuals for death are incompetent and too remote. Defenders are entitled to expenses as a public authority under the Public Authorities Protection Act 1893.

Court Disposition

action dismissed

Orders

  • Adhere to interlocutor limiting executors' title to sue for damages deceased could have claimed.
  • Dismiss action quoad ultra.