Davidson's Trustees v. Caledonian Railway Co. [1902] UKHL 98 (04 August 1902)

Davidson's Trustees v. Caledonian Railway Co. [1902] UKHL 98 (04 August 1902)

The House of Lords held that the question of compensation for minerals above formation level had not been finally determined in the previous action, so the six-month limitation had not expired. The railway company was entitled to have compensation assessed under section 117 of the Lands Clauses (Scotland) Act 1845, and the claimants bore the obligation to initiate the compensation process.

Citation
[1902] UKHL 98
Parties
Pursuers and Respondents: Davidson's Trustees; Defenders and Appellants: Caledonian Railway Company
Jurisdiction
United Kingdom
Judgment Date
04 August 1902
Procedural Posture
Civil Appeal / House of Lords (final Appellate Stage)
Outcome
Appeal allowed; interlocutors of the Second Division reversed; interlocutor of the Lord Ordinary restored with variation.
Legal Topics
Compensation for Compulsory Acquisition, Omitted Interests, Res Judicata, Arbitration Under Statute, Limitation Periods
Property Law Compulsory Purchase Railway Law Compensation for Compulsory Acquisition Omitted Interests Res Judicata Arbitration Under Statute Limitation Periods

Case Brief

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Parties

Davidson's Trustees

Pursuers and Respondents

Caledonian Railway Company

Defenders and Appellants

Procedural Posture

Civil Appeal / House of Lords (final Appellate Stage)

Legal Issues

  1. 1 Whether the right to compensation for minerals above formation level was finally determined in previous litigation
  2. 2 Whether the six-month limitation under section 117 of the Lands Clauses (Scotland) Act 1845 had expired
  3. 3 Whether the railway company should be treated as trespassers or entitled to compensation assessment under statute

Ratio Decidendi

The House of Lords held that the question of compensation for minerals above formation level had not been finally determined in the previous action, so the six-month limitation had not expired. The railway company was entitled to have compensation assessed under section 117 of the Lands Clauses (Scotland) Act 1845, and the claimants bore the obligation to initiate the compensation process.

Court Disposition

Appeal allowed; interlocutors of the Second Division reversed; interlocutor of the Lord Ordinary restored with variation.

Orders

  • Interlocutors of the Second Division of the Court of Session reversed.
  • Interlocutor of the Lord Ordinary of 9 May 1899 restored with variation.