Scottish Motor Traction Company v Lanarkshire County Council

JurisdictionEngland & Wales
Judgment Date03 May 1929
Judgment citation (vLex)[1929] UKHL J0503-1
Docket NumberNo. 14.
CourtHouse of Lords
Date03 May 1929

[1929] UKHL J0503-1

House of Lords

County Council of Lanark
and
Scottish Motor Traction Company, Limited.
1

After hearing Counsel this day, upon the Petition and Appeal of the County Council of Lanark and the Provost, Magistrates and Councillors of the Burgh of Biggar, the Provost, Magistrates and Councillors of the Burgh of Hamilton, the Provost, Magistrates and Councillors of the Burgh of Lanark, and the Provost, Magistrates and Councillors of the Burgh of Motherwell and Wishaw, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely an Interlocutor of the Lord Ordinary in Scotland (Lord Morison), of the 29th of May 1928, and also an Interlocutor of the Lords of Session there, of the Second Division, of the 20th of July 1928, might be reviewed before His Majesty the King, in His Court of Parliament, and that the said Interlocutors might be reversed, varied or altered, or that the Petitioners might have such other relief in the premises, as to His Majesty the King, in His Court of Parliament might seem meet (which said Appeal was, by an Order of this House, of the 18th day of March last, amended by striking out the names of the Provost, Magistrates and Councillors of the Burgh of Biggar, the Provost, Magistrates and Councillors of the Burgh of Hamilton, the Provost, Magistrates and Councillors of the Burgh of Lanark, and the Provost, Magistrates and Councillors of the Burgh of Motherwell and Wishaw, as Appellants thereto); as also upon the printed case of The Scottish Motor Traction Company, Limited, lodged in answer to the said Appeal; and due consideration had of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King...

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2 cases
  • Adams and Others v Lord Advocate
    • United Kingdom
    • Court of Session (Outer House)
    • 31 July 2002
    ...Department[2001] UK (HL) 26 Renton Football Club v McDowallUNK (1891) 18 R 670 Scottish Motor Traction Co v Lanarkshire County Council 1929 SC (HL) 110 Scottish Old People's Welfare Council, Pet 1987 SLT 179 Slough and King v United Kingdom Applns 37679/97; 37682/97 (26 September 2000) Smit......
  • Trevor Adams And Others For Judicial Review Of The Protection Of Wild Mammals (scotland) Act 2002
    • United Kingdom
    • Court of Session
    • 31 July 2002
    ...they are in relation to a by-law made by a local authority: see, for example, Scottish Motor Traction Co v Lanarkshire County Council 1929 S.C. (H.L.) 110. Reduction is one of the normal remedies for an ultra vires act. [27]In conclusion, counsel for the petitioners submitted that it cannot......

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