The complainers in a note of suspension and interdict, owned lands round a loch and the loch itself. The military took possession of the lands and loch in September 1915 in order to carry out works. They sought interdict against the commanding officer and those acting under his orders from entering on the lands in question without the owners’ consent, from erecting any buildings without the owners’ consent and from blasting rocks and carrying out certain other operations. The Lord Advocate, as representing the War Office, was called for any interest he might have. He lodged answers. The defence was, of course, that the military authorities had powers under the Defence of the Realm legislation and regulations to do what they did and that the commanding officer and his men were acting in accordance with those powers. But, at first instance, the Lord Ordinary on the Bills initially granted interim interdict against the blasting and other operations. He subsequently recalled the interim interdict but passed the note. The respondents reclaimed against the passing of the note. The First Division held that, having regard to the Defence of the Realm provisions, the note must be refused. Lord President Strathclyde pointed out that the foundation of the proceedings was that the respondent was a wrongdoer and trespasser. The Lord President had no doubt that the respondent ‘might have been interdicted if the complainer had been able to shew that the action was taken outwith the statute and the regulations of 1914, which have the force of statute.’ Lord Johnston observed that ‘the true object of the complainers [was] to strike at the War Department through Captain CD . . ‘
Citations:
1916 2 SLT 200
Jurisdiction:
Scotland
Cited by:
Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.
Land
Updated: 07 December 2022; Ref: scu.237572