M'Gregor and Others v. Cox and Others (Council of University College, Dundee) [1900] UKHL 611 (16 November 1900)

M'Gregor and Others v. Cox and Others (Council of University College, Dundee) [1900] UKHL 611 (16 November 1900)

The House of Lords refused to entertain the appeal because the validity of the Ordinance had already been decided in Metcalfe v. Cox, and the provisions for affiliation and incorporation were within the statutory authority conferred by the Universities (Scotland) Act 1889.

Citation
[1900] UKHL 611
Parties
Pursuers and Appellants: M'Gregor and Others; Defenders and Respondents: Cox and Others (Council of University College, Dundee)
Jurisdiction
United Kingdom
Judgment Date
16 November 1900
Procedural Posture
Appeal / Final Judgment in House of Lords
Outcome
Appeal dismissed; interlocutors affirmed
Legal Topics
University Affiliation, Statutory Authority, Ordinance Validity
Education Law Administrative Law University Affiliation Statutory Authority Ordinance Validity

Case Brief

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Parties

M'Gregor and Others

Pursuers and Appellants

Cox and Others (Council of University College, Dundee)

Defenders and Respondents

Procedural Posture

Appeal / Final Judgment in House of Lords

Legal Issues

  1. 1 Whether Ordinance No. 46, St Andrews No. 5, affiliating University College, Dundee, to University of St Andrews, was within the authority conferred by the Universities (Scotland) Act 1889
  2. 2 Whether the House of Lords could entertain the appeal given prior decision in Metcalfe v. Cox

Ratio Decidendi

The House of Lords refused to entertain the appeal because the validity of the Ordinance had already been decided in Metcalfe v. Cox, and the provisions for affiliation and incorporation were within the statutory authority conferred by the Universities (Scotland) Act 1889.

Court Disposition

Appeal dismissed; interlocutors affirmed

Orders

  • Appeal dismissed
  • Interlocutors appealed from affirmed