North British Railway Co. v. Steel Co. of Scotland, Ltd [1921] ScotLR 207 (15 January 1921)

North British Railway Co. v. Steel Co. of Scotland, Ltd [1921] ScotLR 207 (15 January 1921)

The Minister of Transport, under the Ministry of Transport Act 1919, has the statutory power to prescribe both the rate and the free time for detention of railway waggons, and such directions are deemed reasonable and not subject to arbitration under the 1892 Act while the 1919 Act remains in force. The statutory right to arbitration is suspended during the operation of the 1919 Act.

Citation
[1921] ScotLR 207
Parties
Pursuer: North British Railway Company; Defender: Steel Company of Scotland, Limited
Jurisdiction
Scotland
Judgment Date
15 January 1921
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; decree granted for pursuers.
Legal Topics
Railway Charges, Ministerial Powers, Ultra Vires, Arbitration Rights, Emergency Legislation
Transport Law Administrative Law Statutory Interpretation Railway Charges Ministerial Powers Ultra Vires Arbitration Rights Emergency Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

North British Railway Company

Pursuer

Steel Company of Scotland, Limited

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the Minister of Transport had statutory power to prescribe both the rate and the 'free time' for detention charges under the Ministry of Transport Act 1919, overriding previous statutory rights to arbitration under the Railway Rates and Charges No. 25 (North British Railway, &c.) Order Confirmation Act 1892.
  2. 2 Whether the Minister's direction and schedule were ultra vires in fixing free periods and charges for detention of railway waggons.

Ratio Decidendi

The Minister of Transport, under the Ministry of Transport Act 1919, has the statutory power to prescribe both the rate and the free time for detention of railway waggons, and such directions are deemed reasonable and not subject to arbitration under the 1892 Act while the 1919 Act remains in force. The statutory right to arbitration is suspended during the operation of the 1919 Act.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; decree granted for pursuers.

Orders

  • Interlocutor of Lord Ordinary recalled.
  • Decree for the sum sued for (£64, 11s. 6d.) granted in favour of the pursuers.