Hamilton and Others v. Nisbet [1907] UKHL 392 (13 March 1907)

Hamilton and Others v. Nisbet [1907] UKHL 392 (13 March 1907)

The only width which the Master of Works or, on appeal, the Dean of Guild, is empowered to fix under the Glasgow Building Regulations Act 1900 is the actually existing width of the street.

Citation
[1907] UKHL 392
Parties
Respondents (appellants in the Court of Session): Hamilton and Others; Appellant (respondent in the Court of Session): Nisbet
Jurisdiction
United Kingdom
Judgment Date
13 March 1907
Procedural Posture
Appeal / House of Lords Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Building Regulations, Statutory Interpretation, Municipal Powers
Administrative Law Local Government Law Building Regulations Statutory Interpretation Municipal Powers

Case Brief

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Parties

Hamilton and Others

Respondents (appellants in the Court of Session)

Nisbet

Appellant (respondent in the Court of Session)

Procedural Posture

Appeal / House of Lords Judgment

Legal Issues

  1. 1 Whether the Master of Works or Dean of Guild under the Glasgow Building Regulations Act 1900 can fix a width of street other than the actually existing width.

Ratio Decidendi

The only width which the Master of Works or, on appeal, the Dean of Guild, is empowered to fix under the Glasgow Building Regulations Act 1900 is the actually existing width of the street.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs