Lady Seafield v. Macbrayne [1906] ScotLR 43_705 (22 June 1906)

Lady Seafield v. Macbrayne [1906] ScotLR 43_705 (22 June 1906)

The statutes governing the Caledonian Canal do not authorise private owners of public piers to levy tonnage rates on vessels; their right is limited to wharfage rates for goods and passengers landed or shipped, as specified in the relevant statutory schedules and subject to Commissioners' approval.

Citation
[1906] ScotLR 43_705
Parties
Pursuer: Caroline, Countess-Dowager of Seafield; Defender: David MacBrayne; Called for Interest: Commissioners of the Caledonian Canal
Jurisdiction
Scotland
Judgment Date
22 June 1906
Procedural Posture
Civil Action / Appeal/reclaiming Motion, Inner House Judgment
Outcome
defender assoilzied; action dismissed
Legal Topics
Statutory Construction, Canal and Pier Dues, Rights of Private Owners, Public Utility Regulation
Statutory Interpretation Property Law Transport Law Statutory Construction Canal and Pier Dues Rights of Private Owners Public Utility Regulation

Case Brief

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Parties

Caroline, Countess-Dowager of Seafield

Pursuer

David MacBrayne

Defender

Commissioners of the Caledonian Canal

Called for Interest

Procedural Posture

Civil Action / Appeal/reclaiming Motion, Inner House Judgment

Legal Issues

  1. 1 Whether a private owner of a public pier may levy tonnage rates on vessels touching at the pier under the Caledonian Canal Acts
  2. 2 Whether the statutory power to levy rates extends beyond wharfage rates to tonnage rates
  3. 3 Whether the Commissioners' approval of rates enables a private owner to levy tonnage dues

Ratio Decidendi

The statutes governing the Caledonian Canal do not authorise private owners of public piers to levy tonnage rates on vessels; their right is limited to wharfage rates for goods and passengers landed or shipped, as specified in the relevant statutory schedules and subject to Commissioners' approval.

Court Disposition

defender assoilzied; action dismissed

Orders

  • Court adhered to Lord Ordinary's judgment; pursuer not entitled to decree; no right to levy tonnage dues at piers