II. Clyde Lighthouses Order [1912] UKHL 1053 (29 March 1912)
The Commissioners held that both the Clyde Navigation Trustees and the Clyde Pilot Board had locus standi to object, given their statutory interests in the river's regulation and improvement, and granted locus subject to a protective clause for the Pilot Board regarding bye-laws.
- Citation
- [1912] UKHL 1053
- Parties
- Promoter: Clyde Lighthouses Trustees; Objector: Clyde Navigation Trustees; Objector: Clyde Pilot Board; Other: Corporation of Glasgow; Other: Trustees of the Port and Harbour of Greenock
- Jurisdiction
- United Kingdom
- Judgment Date
- 29 March 1912
- Procedural Posture
- Provisional Order / Hearing Before Commissioners
- Outcome
- locus standi granted to objectors; preamble proved subject to protective clause
- Legal Topics
- Locus Standi, River Improvement, Regulation of Traffic, Statutory Powers, Bye Laws
Case Brief
Summary, issues, holding and outcome
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Parties
Clyde Lighthouses Trustees
Promoter
Clyde Navigation Trustees
Objector
Clyde Pilot Board
Objector
Corporation of Glasgow
Other
Trustees of the Port and Harbour of Greenock
Other
Procedural Posture
Provisional Order / Hearing Before Commissioners
Legal Issues
- 1 Whether objectors had locus standi to oppose the Order
- 2 Whether concurrent statutory powers to regulate river traffic were permissible
Ratio Decidendi
The Commissioners held that both the Clyde Navigation Trustees and the Clyde Pilot Board had locus standi to object, given their statutory interests in the river's regulation and improvement, and granted locus subject to a protective clause for the Pilot Board regarding bye-laws.
Court Disposition
locus standi granted to objectors; preamble proved subject to protective clause
Orders
- Protective clause to be adjusted for the Clyde Pilot Board in relation to bye-laws
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