Greenock Corporation Provisional Order [1904] UKHL 890 (06 May 1904)

Greenock Corporation Provisional Order [1904] UKHL 890 (06 May 1904)

The Commissioners correctly refused locus standi to the Caledonian Railway Company on the ground of prospective danger, as the injury was speculative and not directly authorised by the Order, but allowed locus standi on the ground of potential loss of existing traffic, which constituted a direct and immediate interest.

Citation
[1904] UKHL 890
Parties
Promoter: Greenock Corporation; Promoter: Glasgow and South Western Railway Company; Objector: Caledonian Railway Company; Interested Party: Messrs Caird & Company
Jurisdiction
United Kingdom
Judgment Date
06 May 1904
Procedural Posture
Provisional Order Objection / House of Lords Review of Locus Standi Decision
Outcome
partial grant of locus standi
Legal Topics
Locus Standi, Provisional Orders, Private Legislation Procedure, Railway Construction, Apprehension of Future Injury
Administrative Law Railway Law Local Government Law Locus Standi Provisional Orders Private Legislation Procedure Railway Construction Apprehension of Future Injury

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Parties

Greenock Corporation

Promoter

Glasgow and South Western Railway Company

Promoter

Caledonian Railway Company

Objector

Messrs Caird & Company

Interested Party

Procedural Posture

Provisional Order Objection / House of Lords Review of Locus Standi Decision

Legal Issues

  1. 1 Whether the Caledonian Railway Company had locus standi to object to the Provisional Order on the grounds of prospective danger and loss of traffic.

Ratio Decidendi

The Commissioners correctly refused locus standi to the Caledonian Railway Company on the ground of prospective danger, as the injury was speculative and not directly authorised by the Order, but allowed locus standi on the ground of potential loss of existing traffic, which constituted a direct and immediate interest.

Court Disposition

partial grant of locus standi

Orders

  • Locus standi refused on the ground of prospective danger of future injury.
  • Locus standi allowed on the ground of potential loss of existing traffic.