Coats v. Caledonian Railway Co. [1903] ScotLR 41_55 (12 November 1903)

Coats v. Caledonian Railway Co. [1903] ScotLR 41_55 (12 November 1903)

A notice to treat for compulsory acquisition of land by a railway company is invalid if it includes land not delineated on the deposited plan; such a notice is wholly bad and cannot be partially effective, as the subject-matter of the statutory contract must be precisely ascertained.

Citation
[1903] ScotLR 41_55
Parties
Complainers/respondents: James Coats junior of Ferguslie, Paisley, and Sir Thomas Glen Coats, Bart., of Ferguslie Park; Respondents/reclaimers: Caledonian Railway Company and Paisley and Barrhead District Railway Company
Jurisdiction
Scotland
Judgment Date
12 November 1903
Procedural Posture
Suspension and Interdict / Inner House, Second Division, on Reclaiming Note
Outcome
Interdict granted in respect of notice including non-delineated land; note otherwise refused; no expenses due to or by either party.
Legal Topics
Compulsory Acquisition of Land, Statutory Powers of Railway Companies, Validity of Notice to Treat, Delineation of Land on Deposited Plans
Property Law Railway Law Administrative Law Compulsory Acquisition of Land Statutory Powers of Railway Companies Validity of Notice to Treat Delineation of Land on Deposited Plans

Case Brief

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Parties

James Coats junior of Ferguslie, Paisley, and Sir Thomas Glen Coats, Bart., of Ferguslie Park

Complainers/respondents

Caledonian Railway Company and Paisley and Barrhead District Railway Company

Respondents/reclaimers

Procedural Posture

Suspension and Interdict / Inner House, Second Division, on Reclaiming Note

Legal Issues

  1. 1 Whether a notice to treat for compulsory acquisition is valid if it includes land not delineated on the deposited plan
  2. 2 Whether withdrawal and re-issue of notices to treat exhausts statutory powers or constitutes a binding contract
  3. 3 Whether a notice to treat that is bad in part is wholly invalid

Ratio Decidendi

A notice to treat for compulsory acquisition of land by a railway company is invalid if it includes land not delineated on the deposited plan; such a notice is wholly bad and cannot be partially effective, as the subject-matter of the statutory contract must be precisely ascertained.

Court Disposition

Interdict granted in respect of notice including non-delineated land; note otherwise refused; no expenses due to or by either party.

Orders

  • Recall Lord Ordinary's interlocutor; interdict, prohibit, and discharge in so far as relates to the lands mentioned second in the note (i.e., non-delineated land); quoad ultra refuse the note and decern; find no expenses due to or by either party.