North British Railway Co. v. Clyde Shipping Co., Ltd [1916] ScotLR 105 (24 November 1916)

North British Railway Co. v. Clyde Shipping Co., Ltd [1916] ScotLR 105 (24 November 1916)

The statutory language of section 5 is broad and covers all differences arising under the section, including questions of fact and law such as whether the defenders are traders and whether services were rendered at their request or for their convenience. The Court's jurisdiction is excluded for such disputes, which must be determined by an arbitrator appointed by the Board of Trade.

Citation
[1916] ScotLR 105
Parties
Pursuer: Caledonian Railway Company; Pursuer: North British Railway Company; Defender: Clyde Shipping Company, Limited
Jurisdiction
Scotland
Judgment Date
24 November 1916
Procedural Posture
Civil / Inner House Appeal From Lord Ordinary's Interlocutor
Outcome
Action sisted pending arbitration; interlocutor of dismissal recalled in part.
Legal Topics
Demurrage, Statutory Arbitration Clause, Jurisdiction Exclusion, Definition of Trader
Transportation Arbitration Statutory Interpretation Demurrage Statutory Arbitration Clause Jurisdiction Exclusion Definition of Trader

Case Brief

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Parties

Caledonian Railway Company

Pursuer

North British Railway Company

Pursuer

Clyde Shipping Company, Limited

Defender

Procedural Posture

Civil / Inner House Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the dispute over demurrage charges falls within the statutory arbitration clause under section 5 of the Railway Rates and Charges Order Confirmation Acts 1892
  2. 2 Whether the Court has jurisdiction or must defer to arbitration
  3. 3 Whether the defenders are 'traders' within the meaning of the statute

Ratio Decidendi

The statutory language of section 5 is broad and covers all differences arising under the section, including questions of fact and law such as whether the defenders are traders and whether services were rendered at their request or for their convenience. The Court's jurisdiction is excluded for such disputes, which must be determined by an arbitrator appointed by the Board of Trade.

Court Disposition

Action sisted pending arbitration; interlocutor of dismissal recalled in part.

Orders

  • Recall interlocutor of 9th December 1915 in so far as it dismisses the action
  • Adhere to interlocutor quoad ultra