Stewart v Perth and Kinross Council: HL 1 Apr 2004

The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. ‘The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities.’ Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
[2004] UKHL 16, Times 06-Apr-2004, [2004] 28 SLLP 32, 2004 SCLR 849, 2004 GWD 12-273, 2004 SLT 383
House of Lords, Bailii
Civic Government (Scotland) Act 1982, Sale of Goods Act 1979 13
Appeal fromDouglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
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CitedRogers v Parish (Scarborough) Ltd CA 1987
The plaintiff appealed against rejection of his claim that the car he had bought from the defendant was not of merchantable quality. The goods were a Range Rover bought for a sum in excess of andpound;14,000.
Held: The appeal was allowed. . .
CitedHeilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
CitedBartlett v Sidney Marcus Ltd 1965
A dealer will be bound by the implied condition in section 14(3) that a vehicle sold will be reasonably fit for the purpose as a vehicle to drive along the road. . .
CitedEastern Marine Services (and Supplies) Ltd v Dickson Motors Ltd 1981
The pursuer agreed to purchase a second-hand car from a car dealer on the basis of an assurance that the mileage shown on the odometer was genuine. It was alleged that this assurance was false and that the pursuers were entitled to damages. The . .
CitedTwomax Ltd v Dickson, McFarlane and Robinson 1982
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CitedKruse v Johnson QBD 16-May-1898
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge . .
CitedSpook Erection Ltd v City of Edinburgh District Council ScSf 1995
. .
CitedRossi v Magistrates of Edinburgh HL 1904
Conditions in an ice-cream vendors’ licence which restricted their right to open their shops when they liked and sell what they pleased were held to be ultra vires of the licensing authority. The court applied the rule that while the legislature may . .
CitedMixnams Properties Ltd v Chertsey Urban District Council HL 1965
The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends . .
CitedNicol v Magistrates of Aberdeen 1870
A very strong case is required before a court could intefere with the exercise of a statutory discretion given to a local authority in a matter affecting the community. . .
CitedDa Prato v Magistrates of Partick IHCS 1907
. .
CitedPyx Granite Co Ltd v Minister of Housing and Local Government CA 1958
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when . .
CitedReid v Mini-Cabs SCS 1966
The general aim of regulations imposed by local authorities on traders was to ensure the good conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh. . .
CitedGrampian Regional Council v Secretary of State for Scotland HL 1983
The House endorsed the practice of imposing negative conditions in planning consents, upholding the validity of a condition that the development of the site could not commence until the road on the western boundary of the site had been closed by a . .
CitedHyslop v Shirlaw 1905
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CitedDick Bentley Productions Ltd v Harold Smith (Motors) Ltd CA 3-Mar-1965
When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, it is binding.
Lord Denning MR said of a collateral warranty: . .

Cited by:
Appealed toDouglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
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Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.195057