Govan Corporation Provisional Order [1904] UKHL 889 (05 May 1904)

Govan Corporation Provisional Order [1904] UKHL 889 (05 May 1904)

Ownership of property and payment of rates within the burgh, with alleged prejudicial effect, is sufficient to confer locus standi to object to a Provisional Order modifying municipal law.

Citation
[1904] UKHL 889
Parties
Promoter: Corporation of Govan; Objector: Prince's Dock Branch Committee; Objector: Glasgow and Paisley Joint Line Committee
Jurisdiction
United Kingdom
Judgment Date
05 May 1904
Procedural Posture
Provisional Order Opposition / Final Determination by Commissioners
Outcome
locus standi allowed; preamble proved
Legal Topics
Locus Standi, Injury, Modification of Municipal Statutes
Municipal Law Private Legislation Procedure Locus Standi Injury Modification of Municipal Statutes

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Parties

Corporation of Govan

Promoter

Prince's Dock Branch Committee

Objector

Glasgow and Paisley Joint Line Committee

Objector

Procedural Posture

Provisional Order Opposition / Final Determination by Commissioners

Legal Issues

  1. 1 Whether objectors have locus standi to oppose the Provisional Order
  2. 2 Whether the Order prejudicially affects the interests of property owners and ratepayers

Ratio Decidendi

Ownership of property and payment of rates within the burgh, with alleged prejudicial effect, is sufficient to confer locus standi to object to a Provisional Order modifying municipal law.

Court Disposition

locus standi allowed; preamble proved

Orders

  • Commissioners allowed locus standi to objectors
  • Preamble of the Order found proved