Leith Corporation Tramways Order Confirmation Bill [1904] UKHL 882 (15 June 1904)

Leith Corporation Tramways Order Confirmation Bill [1904] UKHL 882 (15 June 1904)

The House determined that, although the Commissioners had refused locus standi to the lessees of the Edinburgh tramways, the statutory procedure allowed for a petition to Parliament for reference to a Joint-Committee. Given the arguable case of competition and potential injustice in denying a hearing, the House exercised its discretion to refer the Bill to a Joint-Committee, without expressing a view on the merits of the underlying dispute.

Citation
[1904] UKHL 882
Parties
Promoter: Leith Corporation; Petitioner/objector: Edinburgh Tramway Company (lessees); Objector: Corporation of Edinburgh
Jurisdiction
United Kingdom
Judgment Date
15 June 1904
Procedural Posture
Private Legislation Procedure (provisional Order Confirmation Bill) / Petition for Reference to Joint Committee After Refusal of Locus Standi by Commissioners
Outcome
Motion granted; Bill referred to Joint-Committee of both Houses of Parliament.
Legal Topics
Locus Standi in Private Legislation, Appeals From Provisional Order Procedure, Competition Between Statutory Undertakings, Parliamentary Review of Local Inquiries
Administrative Law Parliamentary Procedure Transport Law Locus Standi in Private Legislation Appeals From Provisional Order Procedure Competition Between Statutory Undertakings Parliamentary Review of Local Inquiries

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Parties

Leith Corporation

Promoter

Edinburgh Tramway Company (lessees)

Petitioner/objector

Corporation of Edinburgh

Objector

Procedural Posture

Private Legislation Procedure (provisional Order Confirmation Bill) / Petition for Reference to Joint Committee After Refusal of Locus Standi by Commissioners

Legal Issues

  1. 1 Whether lessees of Edinburgh tramways (Edinburgh Tramway Company) were entitled to locus standi to oppose the Leith Corporation Tramways Order Confirmation Bill
  2. 2 Whether refusal of locus standi by Commissioners constituted a denial of justice justifying reference to a Joint-Committee under the Private Legislation Procedure (Scotland) Act 1899, sec. 9

Ratio Decidendi

The House determined that, although the Commissioners had refused locus standi to the lessees of the Edinburgh tramways, the statutory procedure allowed for a petition to Parliament for reference to a Joint-Committee. Given the arguable case of competition and potential injustice in denying a hearing, the House exercised its discretion to refer the Bill to a Joint-Committee, without expressing a view on the merits of the underlying dispute.

Court Disposition

Motion granted; Bill referred to Joint-Committee of both Houses of Parliament.

Orders

  • The Leith Corporation Tramways Order Confirmation Bill is referred to a Joint-Committee of both Houses for further consideration, including the question of locus standi.