River – Operations on Alveus – Clyde Navigation Consolidation Act 1858, secs. 76 and 84Held (aff: judgment of the Court of Session) that a proprietor whose right of property in the foreshore had been judicially determined, was yet not entitled, looking to the powers given to the Clyde Navigation Trustees by Acts of Parliament, to … Continue reading Lord Blantyre v Clyde Navigation Trustees: HL 7 Apr 1881
Harbour – Dues Leviable – Clyde Navigation Consolidation Act 1858 (21 and 22 Vict. c. 149), secs. 98 and 9By an Act of 1770 the magistrates of Glasgow were empowered to levy rates on goods, including timber, ‘carried in and upon the river,’ so far as it was within their jurisdiction, the dues to be … Continue reading Laird and Sons v Clyde Navigation Trustees: HL 19 Jul 1883
The court was asked whether the Clyde Navigation Consolidation Act 1858 required dues to be paid on logs which were chained together and floated down the River Clyde. The evidence was that these dues had been levied and paid without protest for a quarter of a century. Held: Lord Watson said: ‘When there are ambiguous … Continue reading The Trustees of Clyde Navigation v Laird and Sons: HL 1883
The undertaking of the Clyde Navigation Trustees was defined by the Clyde Navigation Consolidation Act 1858 to embrace, inter alia, ‘The construction and completion of the several wet docks or tidal basins, quays, wharfs, ferry-slips, approaches, embankments or river dykes, and all other works and improvements shown and described on the several plans and sections … Continue reading Clyde Navigation Trustees v Lord Blantyre: HL 24 Jul 1893
A riparian proprietor on the river Clyde was not entitled to an interdict against the Clyde Navigation Trustees, which would in effect compel them to lay the soil dredged by them in performance of their statutory duties, on the banks of the river ex adverso of the proprietor’s lands, at such part as he might … Continue reading Blantyre v Clyde Navigation Trustees: SCS 29 May 1868
The 1707 Act preserved the traditional offices in Scotland. The respondent held the position of Usher of the White Rod, and claimed his fees from those granted honours by the English parliament. Held: The Act was clear. The fact that had been paid for post Union titles for over 150 years was not admissible to … Continue reading Lord Advocate v Walker Trustees: HL 1912
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
The Merchant Shipping Act 1894, sec. 633, enacts-‘An owner or master of a ship shall not be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of that ship within any district where the employment of a qualified pilot is compulsory … Continue reading Steamship ‘Beechgrove’ Co, Ltd v Aktieselskabet ‘Fjord’ of Christiania: HL 18 Oct 1915