The Shawsrigg Fireclay and Enamelling Co., Ltd v. The Larkhall Collieries Ltd [1903] ScotLR 40_780 (14 July 1903)

The Shawsrigg Fireclay and Enamelling Co., Ltd v. The Larkhall Collieries Ltd [1903] ScotLR 40_780 (14 July 1903)

The prior lease of fireclay, without reservation of coal or right to work coal, conferred exclusive rights to the fireclay. The landlord, having reacquired the coal, could not grant a subsequent coal lease that derogated from the prior fireclay grant. The pursuers are entitled to declarator and interdict against coal working that renders fireclay unworkable.

Citation
[1903] ScotLR 40_780
Parties
Pursuer: The Shawsrigg Fireclay and Enamelling Company, Limited; Defender: The Larkhall Collieries Limited; Defender: Henry Montgomery Macneill Hamilton
Jurisdiction
Scotland
Judgment Date
14 July 1903
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
Appeal allowed; interlocutor of Lord Low recalled; decree granted for pursuers in terms of declaratory and interdict conclusions; cause continued for damages.
Legal Topics
Mineral Lease, Construction of Lease, Interdict, Warrandice, Derogation From Grant
Property Law Mining Law Contract Law Mineral Lease Construction of Lease Interdict Warrandice Derogation From Grant

Case Brief

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Parties

The Shawsrigg Fireclay and Enamelling Company, Limited

Pursuer

The Larkhall Collieries Limited

Defender

Henry Montgomery Macneill Hamilton

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether a prior lease of fireclay without reservation of coal confers exclusive rights to fireclay against subsequent coal leases.
  2. 2 Whether the landlord can derogate from a prior mineral grant by subsequent leases.
  3. 3 Whether interdict should be granted against coal working that renders fireclay unworkable.

Ratio Decidendi

The prior lease of fireclay, without reservation of coal or right to work coal, conferred exclusive rights to the fireclay. The landlord, having reacquired the coal, could not grant a subsequent coal lease that derogated from the prior fireclay grant. The pursuers are entitled to declarator and interdict against coal working that renders fireclay unworkable.

Court Disposition

Appeal allowed; interlocutor of Lord Low recalled; decree granted for pursuers in terms of declaratory and interdict conclusions; cause continued for damages.

Orders

  • Declarator granted of pursuers' exclusive right to fireclay.
  • Interdict granted against defenders working coal so as to interfere with fireclay.