Riddell v. Lanarkshire and Ayrshire Railway Co. [1904] ScotLR 41_319 (20 February 1904)

Riddell v. Lanarkshire and Ayrshire Railway Co. [1904] ScotLR 41_319 (20 February 1904)

The tender made by the railway company, being expressed as 'in full of all claims,' must be construed as including interest as well as compensation for the land. Since the total sum awarded by the arbiter (compensation plus interest) exceeded the amount tendered, the pursuer is entitled to the expenses of the arbitration.

Citation
[1904] ScotLR 41_319
Parties
Pursuer/respondent: David Riddell of Auchenback, Paisley; Defender/reclaimer: Lanarkshire and Ayrshire Railway Company
Jurisdiction
Scotland
Judgment Date
20 February 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Appeal dismissed; court adhered to Lord Ordinary's decision.
Legal Topics
Compulsory Acquisition of Land, Statutory Arbitration, Expenses of Arbitration, Interpretation of Tender, Interest on Compensation
Property Law Compulsory Purchase Arbitration Compulsory Acquisition of Land Statutory Arbitration Expenses of Arbitration Interpretation of Tender Interest on Compensation

Case Brief

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Parties

David Riddell of Auchenback, Paisley

Pursuer/respondent

Lanarkshire and Ayrshire Railway Company

Defender/reclaimer

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether the sum tendered by the railway company included interest as agreed, or only compensation for land
  2. 2 Whether the amount awarded by the arbiter (including interest) exceeded the tender, entitling the pursuer to expenses of arbitration

Ratio Decidendi

The tender made by the railway company, being expressed as 'in full of all claims,' must be construed as including interest as well as compensation for the land. Since the total sum awarded by the arbiter (compensation plus interest) exceeded the amount tendered, the pursuer is entitled to the expenses of the arbitration.

Court Disposition

Appeal dismissed; court adhered to Lord Ordinary's decision.

Orders

  • Defenders (railway company) found liable to pursuer for expenses of the arbitration.
  • Remit to Auditor of Court to tax the account under relevant statutory provisions.