Hart v. County Council of Lanark [1904] UKHL 374 (10 March 1904)

Hart v. County Council of Lanark [1904] UKHL 374 (10 March 1904)

The County Council of Lanark is not liable for the Procurator-Fiscal's claimed fees because such payments were not 'in use' in the county at the time of the 1868 Act; the statute limits liability to actual practice at that date, not to theoretical or legal entitlement.

Citation
[1904] UKHL 374
Parties
Pursuer and Respondent: Hart; Defenders and Appellants: County Council of Lanark
Jurisdiction
United Kingdom
Judgment Date
10 March 1904
Procedural Posture
Appeal / House of Lords Judgment on Appeal From the Second Division of the Court of Session
Outcome
Appeal allowed; interlocutor of the Second Division reversed.
Legal Topics
County General Assessment (scotland) Act 1868, Procurator Fiscal Fees, Statutory Interpretation, Public Finance
Local Government Law Administrative Law County General Assessment (scotland) Act 1868 Procurator Fiscal Fees Statutory Interpretation Public Finance

Case Brief

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Parties

Hart

Pursuer and Respondent

County Council of Lanark

Defenders and Appellants

Procedural Posture

Appeal / House of Lords Judgment on Appeal From the Second Division of the Court of Session

Legal Issues

  1. 1 Whether the County Council of Lanark was liable to pay fees to the Procurator-Fiscal for work done in perusing and considering police reports in cases where no proceedings were taken, under the County General Assessment (Scotland) Act 1868.

Ratio Decidendi

The County Council of Lanark is not liable for the Procurator-Fiscal's claimed fees because such payments were not 'in use' in the county at the time of the 1868 Act; the statute limits liability to actual practice at that date, not to theoretical or legal entitlement.

Court Disposition

Appeal allowed; interlocutor of the Second Division reversed.

Orders

  • Respondents to pay appellants' costs both in the House of Lords and below.