Murray v. North British Railway Co. [1900] ScotLR 37_370 (26 January 1900)

Murray v. North British Railway Co. [1900] ScotLR 37_370 (26 January 1900)

Section 32 of the Lands Clauses Consolidation (Scotland) Act 1845 requires promoters of an undertaking to pay the reasonable remuneration of arbiters and oversman as part of the expenses of statutory arbitration; 'expenses of the arbiters or oversman' includes reasonable fees for their services, not merely outlays.

Citation
[1900] ScotLR 37_370
Parties
Pursuer: Gabriel Gullane Murray; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
26 January 1900
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Judgment
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; pursuer entitled to reasonable remuneration as arbiter
Legal Topics
Remuneration of Arbiters, Expenses in Statutory Arbitration, Lands Clauses Consolidation (scotland) Act 1845
Arbitration Compulsory Purchase Statutory Interpretation Remuneration of Arbiters Expenses in Statutory Arbitration Lands Clauses Consolidation (scotland) Act 1845

Case Brief

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Parties

Gabriel Gullane Murray

Pursuer

North British Railway Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether the promoters of an undertaking are liable under section 32 of the Lands Clauses Consolidation (Scotland) Act 1845 to pay reasonable remuneration to arbiters and oversman in statutory arbitrations.
  2. 2 Whether 'expenses of the arbiters or oversman' in the statute includes remuneration or is limited to outlays.

Ratio Decidendi

Section 32 of the Lands Clauses Consolidation (Scotland) Act 1845 requires promoters of an undertaking to pay the reasonable remuneration of arbiters and oversman as part of the expenses of statutory arbitration; 'expenses of the arbiters or oversman' includes reasonable fees for their services, not merely outlays.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; pursuer entitled to reasonable remuneration as arbiter

Orders

  • Remit to the Auditor of Court to fix the amount of the fee due to the pursuer as arbiter.
  • Decern for payment of such fee by the defenders.