Da Prato and Others v. Partick Magistrates [1907] UKHL 366 (11 March 1907)

Da Prato and Others v. Partick Magistrates [1907] UKHL 366 (11 March 1907)

The bye-law restricting shop opening hours to between 7 a.m. and 10 p.m. was within the statutory powers granted to the local authority and was not unreasonable; the appeal was dismissed.

Citation
[1907] UKHL 366
Parties
Appellants: Da Prato and Others; Respondents: Partick Magistrates
Jurisdiction
United Kingdom
Judgment Date
11 March 1907
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
Bye Laws, Ultra Vires, Reasonableness, Statutory Interpretation, Police Powers
Administrative Law Local Government Law Bye Laws Ultra Vires Reasonableness Statutory Interpretation Police Powers

Case Brief

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Parties

Da Prato and Others

Appellants

Partick Magistrates

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the bye-law restricting shop hours was ultra vires the statutory powers
  2. 2 Whether the bye-law was unreasonable

Ratio Decidendi

The bye-law restricting shop opening hours to between 7 a.m. and 10 p.m. was within the statutory powers granted to the local authority and was not unreasonable; the appeal was dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay costs