Lord Hamilton of Dalzell Petitioner [1903] ScotLR 40_872 (28 January 1903)

Lord Hamilton of Dalzell Petitioner [1903] ScotLR 40_872 (28 January 1903)

In a petition by an heir of entail under the Lands Clauses Act alone, the expenses of serving the petition on the next heir of entail are recoverable from the Railway Company as reasonable charges incident to obtaining the order for payment of consigned money, following established practice and Lady Stair, and...

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Citation
[1903] ScotLR 40_872
Parties
Petitioner: Lord Hamilton of Dalzell; Respondent: Caledonian Railway Company; Next Heir of Entail (served): Leslie d'Henin Hamilton
Jurisdiction
Scotland
Judgment Date
28 January 1903
Procedural Posture
Petition to Uplift Consigned Money Under Lands Clauses Consolidation (scotland) Act 1845 / Objection to Auditor's Report on Expenses, Outer House, Court of Session
Outcome
Objection sustained; petitioner's expenses allowed.
Legal Topics
Entail, Compulsory Purchase Compensation, Consigned Money, Court Ordered Expenses
Property Law Compulsory Acquisition Trusts and Estates Entail Compulsory Purchase Compensation Consigned Money Court Ordered Expenses

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Parties

Lord Hamilton of Dalzell

Petitioner

Caledonian Railway Company

Respondent

Leslie d'Henin Hamilton

Next Heir of Entail (served)

Procedural Posture

Petition to Uplift Consigned Money Under Lands Clauses Consolidation (scotland) Act 1845 / Objection to Auditor's Report on Expenses, Outer House, Court of Session

Legal Issues

  1. 1 Whether the expenses of serving the petition to uplift consigned money on the next heir of entail are recoverable from the Railway Company under section 79 of the Lands Clauses Consolidation (Scotland) Act 1845

Ratio Decidendi

In a petition by an heir of entail under the Lands Clauses Act alone, the expenses of serving the petition on the next heir of entail are recoverable from the Railway Company as reasonable charges incident to obtaining the order for payment of consigned money, following established practice and Lady Stair, and distinguished from Lady Willoughby de Eresby, which concerned petitions under both the Lands Clauses and Entail Acts.

Court Disposition

Objection sustained; petitioner's expenses allowed.

Orders

  • Auditor's report modified to allow charges for service on next heir of entail.
  • Caledonian Railway Company found liable for expenses of petition, including charges for service on next heir.