Reid v Mini-cabs
| Jurisdiction | Scotland |
| Judgment Date | 24 March 1966 |
| Date | 24 March 1966 |
| Docket Number | No. 17. |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Avonside.
StatuteStatutory obligationsEnforcementStatutory penalty provided for breachWhether civil remedy also competentTitle to SueDundee Corporation (Consolidated Powers) Order Confirmation Act, 1957 (6 Eliz. II, cap. iv), Sched., sec. 433 (1) and (5) (a).
The Order confirmed by the Dundee Corporation (Consolidated Powers) Order Confirmation Act, 1957, enacts, by sec. 433:"(1) the Corporation may grant a licence to any person whom they think fit to operate as a cab such vehicle as may be specified in the licence " "(5) a person(a) who within the city operates as a cab any vehicle in respect of which there is not in force a cab-operator's licence granted by the Corporation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds."
Operators of hackney carriages licensed under the Order sought to interdict an association and two of its officials from operating unlicensed cabs.
Held by the Lord Ordinary (Avonside) that the Order was a code for the municipal government and administration of the City of Dundee for the benefit of its inhabitants, and that it did not confer on licensed cab-operators any benefit enforceable by civil action; and petition dismissed.
Institute of Patent-Agents v. Lockwood, (1894) 21 R. (H. L.) 61, Cutler v. Wandsworth Stadium Ltd.ELR, [1949] A. C. 398, and Black v. Fife Coal Co. Ltd.ELR, 1912 S. C. (H. L.) 33, [1912] A. C. 149, referred to.
George Reid, Charles Henderson Alexander, Alexander Hill M'Rae, Allan Fyffe Maxwell and David Morris presented a petition for suspension and interdict against Mini-Cabs, an association, and Thomas Donaldson, Senior, and Thomas Donaldson, Junior, two of the officials of the association as representing it. The prayer of the petition was for suspension and interdict restraining the respondents from operating as cabs within Dundee vehicles for which there were not in force cab-operators' licences under the Dundee Corporation (Consolidated Powers) Order Confirmation Act, 1957.1
The respondents pleaded, inter alia:"(1) The petitioners having no right, title or interest to make the present application for interdict the petition should be dismissed. (2) The petitioners' averments being irrelevant et...
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Stewart v Perth and Kinross Council
...conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh: Reid v Mini-Cabs 1966 SC 137, 143 per Lord Avonside. With increasing prosperity and better communications in the nineteenth century, it became both possible and desirable......
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Reclaiming Motion For Petitioners In Petition Of Jeremy Hagan Whaley And Trevor Adams And Julia Margaret Furness V. Lord Watson Of Invergowrie, The Scottish Parliament And The Scottish Parliamentary Corporate Body, Acting On Behalf Of The Scottish Parliament
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...general lines of argument advanced to us on this issue. The same familiar arguments are summarised by Lord Avonside inReid v. Mini-cabsSC 1966 S.C. 137. At the stage of an application for interim interdict once the court is satisfied that there is a prima facie case and an issue to try, the......