Motherwell and Bellshill Railway (Abandonment) Provisional Order (1904) [1904] UKHL 890_1 (18 May 1904)
The Committee held that the North British Railway Company had no locus standi as the Provisional Order did not infringe any legal rights of the objectors, nor did it create an entitlement to costs under an implied contract.
- Citation
- [1904] UKHL 890_1
- Parties
- Promoter: Motherwell and Bellshill Railway; Objector: North British Railway Company
- Jurisdiction
- United Kingdom
- Judgment Date
- 18 May 1904
- Procedural Posture
- Provisional Order Proceeding / Hearing Before House of Lords Committee
- Outcome
- Locus standi refused to the North British Railway Company; objection dismissed.
- Legal Topics
- Abandonment of Railway Undertaking, Provisional Order, Locus Standi, Recovery of Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Motherwell and Bellshill Railway
Promoter
North British Railway Company
Objector
Procedural Posture
Provisional Order Proceeding / Hearing Before House of Lords Committee
Legal Issues
- 1 Whether the North British Railway Company had locus standi to oppose the Provisional Order for abandonment and refund of deposit funds
- 2 Whether there was an implied contract entitling the objectors to costs
Ratio Decidendi
The Committee held that the North British Railway Company had no locus standi as the Provisional Order did not infringe any legal rights of the objectors, nor did it create an entitlement to costs under an implied contract.
Court Disposition
Locus standi refused to the North British Railway Company; objection dismissed.
Orders
- Locus standi refused to the objectors
- Provisional Order proceeds without provision for objectors' costs
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