Leith Corporation Tramways Provisional Order [1904] UKHL 881 (21 March 1904)

Leith Corporation Tramways Provisional Order [1904] UKHL 881 (21 March 1904)

The Commissioners held that the statutory protections incorporated in the proposed Order were sufficient for most objectors, and locus standi was only granted where special circumstances existed. The Water of Leith Purification and Sewage Commissioners were denied locus standi as their concerns were covered by section 31 of the Tramways Act 1870. The Edinburgh and District Tramways Company was denied locus standi regarding their omnibus operations, as there was no direct interference with their tramway. The Caledonian Railway Company's objection to charging deficits to the police rate was upheld, and the offending words were deleted from the Order.

Citation
[1904] UKHL 881
Parties
Promoter: Leith Corporation; Objector: Edinburgh and District Water Trustees; Objector: Edinburgh and Leith Corporations Gas Commissioners; Objector: Water of Leith Purification and Sewage Commissioners; Objector: Caledonian Railway Company; Objector: Edinburgh and District Tramways Company
Jurisdiction
United Kingdom
Judgment Date
21 March 1904
Procedural Posture
Provisional Order (private Legislation Procedure) / Hearing Before Commissioners, House of Lords
Outcome
Objections largely dismissed; limited locus standi granted; proposed Order amended to delete provision making police rate liable for deficits.
Legal Topics
Provisional Orders, Locus Standi, Tramways, Municipal Finance, Public Utilities, Electrolytic Action, Interference With Pipes
Administrative Law Municipal Law Transport Law Provisional Orders Locus Standi Tramways Municipal Finance Public Utilities +2 more

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Parties

Leith Corporation

Promoter

Edinburgh and District Water Trustees

Objector

Edinburgh and Leith Corporations Gas Commissioners

Objector

Water of Leith Purification and Sewage Commissioners

Objector

Caledonian Railway Company

Objector

Edinburgh and District Tramways Company

Objector

Procedural Posture

Provisional Order (private Legislation Procedure) / Hearing Before Commissioners, House of Lords

Legal Issues

  1. 1 Whether objectors had locus standi to oppose the Provisional Order on grounds of interference with pipes and electrolytic action
  2. 2 Whether the Tramways Act 1870 and Board of Trade Regulations provided sufficient protection to objectors
  3. 3 Whether the police rate could be made liable for deficits in tramway working

Ratio Decidendi

The Commissioners held that the statutory protections incorporated in the proposed Order were sufficient for most objectors, and locus standi was only granted where special circumstances existed. The Water of Leith Purification and Sewage Commissioners were denied locus standi as their concerns were covered by section 31 of the Tramways Act 1870. The Edinburgh and District Tramways Company was denied locus standi regarding their omnibus operations, as there was no direct interference with their tramway. The Caledonian Railway Company's objection to charging deficits to the police rate was upheld, and the offending words were deleted from the Order.

Court Disposition

Objections largely dismissed; limited locus standi granted; proposed Order amended to delete provision making police rate liable for deficits.

Orders

  • Deletion of words 'and failing these from the police rate' from section 73 of the proposed Order
  • No new clauses inserted for objectors' additional protections