II. Clyde Lighthouses Order [1912] UKHL 1053 (29 March 1912)

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

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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

  1. 1 Whether objectors had locus standi to oppose the Order
  2. 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