Aberdeen Suburban Tramways [1902] UKHL 872 (28 April 1902)

Aberdeen Suburban Tramways [1902] UKHL 872 (28 April 1902)

A railway company has locus standi to oppose a tramway order where the proposed tramway is in direct competition and likely to injure the railway's business; such locus is limited to the issue of competition and does not extend to general feasibility or merits of the scheme.

Citation
[1902] UKHL 872
Parties
Promoter: Aberdeen Suburban Tramways; Objector: Great North of Scotland Railway Company
Jurisdiction
United Kingdom
Judgment Date
28 April 1902
Procedural Posture
Private Legislation Procedure—provisional Order / Appeal to House of Lords
Outcome
Preamble of the Order proved; objectors granted limited locus standi.
Legal Topics
Locus Standi, Competition Between Tramways and Railways, Supply of Electricity by Municipal Corporations, Ratepayer Objections
Administrative Law Transport Law Local Government Law Locus Standi Competition Between Tramways and Railways Supply of Electricity by Municipal Corporations Ratepayer Objections

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Parties

Aberdeen Suburban Tramways

Promoter

Great North of Scotland Railway Company

Objector

Procedural Posture

Private Legislation Procedure—provisional Order / Appeal to House of Lords

Legal Issues

  1. 1 Whether a railway company has locus standi to oppose a tramway order on grounds of competition
  2. 2 Whether ratepayers have locus standi to object to municipal supply of electricity outside the municipal area

Ratio Decidendi

A railway company has locus standi to oppose a tramway order where the proposed tramway is in direct competition and likely to injure the railway's business; such locus is limited to the issue of competition and does not extend to general feasibility or merits of the scheme.

Court Disposition

Preamble of the Order proved; objectors granted limited locus standi.

Orders

  • Objectors granted locus standi limited to competition grounds.
  • Preamble of the Order proved.