Buckie Burgh Extension and Buckie (Craigenroan) Harbour Provisional Order [1902] UKHL 870_1 (22 April 1902)

Buckie Burgh Extension and Buckie (Craigenroan) Harbour Provisional Order [1902] UKHL 870_1 (22 April 1902)

The Provisional Order was confirmed only on the condition that it would not come into operation until the Secretary for Scotland was satisfied that arrangements for the Treasury and Fishery Board grants had been made, thereby protecting public and financial interests.

Citation
[1902] UKHL 870_1
Parties
Promoter: Town Council of Buckie; Objector: Trustees of the late John Gordon of Cluny; Objector: Great North of Scotland Railway Company; Objector: Lady Seafield
Jurisdiction
United Kingdom
Judgment Date
22 April 1902
Procedural Posture
Private Legislation Procedure / Provisional Order Confirmation Hearing
Outcome
Provisional Order confirmed with condition precedent
Legal Topics
Provisional Orders, Harbour Construction, Public Grants, Statutory Conditions Precedent
Administrative Law Local Government Law Public Infrastructure Provisional Orders Harbour Construction Public Grants Statutory Conditions Precedent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Town Council of Buckie

Promoter

Trustees of the late John Gordon of Cluny

Objector

Great North of Scotland Railway Company

Objector

Lady Seafield

Objector

Procedural Posture

Private Legislation Procedure / Provisional Order Confirmation Hearing

Legal Issues

  1. 1 Whether the operation of the Provisional Order should be suspended until grants from the Treasury and Fishery Board are secured
  2. 2 Whether promoters can proceed with works absent public funding

Ratio Decidendi

The Provisional Order was confirmed only on the condition that it would not come into operation until the Secretary for Scotland was satisfied that arrangements for the Treasury and Fishery Board grants had been made, thereby protecting public and financial interests.

Court Disposition

Provisional Order confirmed with condition precedent

Orders

  • Operation of the Order suspended until the Secretary for Scotland certifies arrangements for £15,000 Treasury grant and £5,000 Fishery Board grant.
  • No works to proceed under the Order until such certification is provided.