II. Caledonian Railway Order [1907] UKHL 1015_1 (29 July 1907)

II. Caledonian Railway Order [1907] UKHL 1015_1 (29 July 1907)

The Commissioners allowed the objectors a locus upon the preamble, heard evidence, and found the preamble proved, confirming that the agreement's sanction did not prejudice the objectors' statutory remedies.

Citation
[1907] UKHL 1015_1
Parties
Promoter: Caledonian Railway Company; Party to Agreement: Dundee Harbour Trustees; Party to Agreement: North British Railways; Objector: Dundee Gas Commissioners
Jurisdiction
United Kingdom
Judgment Date
29 July 1907
Procedural Posture
Order Confirmation Objection / Hearing Before House of Lords
Outcome
Preamble proved; agreement confirmed.
Legal Topics
Railway Agreements, Facility Provision, Objection to Statutory Order
Transport Law Contract Law Administrative Law Railway Agreements Facility Provision Objection to Statutory Order

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Parties

Caledonian Railway Company

Promoter

Dundee Harbour Trustees

Party to Agreement

North British Railways

Party to Agreement

Dundee Gas Commissioners

Objector

Procedural Posture

Order Confirmation Objection / Hearing Before House of Lords

Legal Issues

  1. 1 Whether confirmation of the agreement prejudices the Dundee Gas Commissioners' undertaking
  2. 2 Whether objectors are entitled to immediate facilities for traffic conveyance
  3. 3 Whether sanction of the agreement postpones provision of facilities

Ratio Decidendi

The Commissioners allowed the objectors a locus upon the preamble, heard evidence, and found the preamble proved, confirming that the agreement's sanction did not prejudice the objectors' statutory remedies.

Court Disposition

Preamble proved; agreement confirmed.

Orders

  • Objectors allowed locus upon the preamble.
  • Agreement between Dundee Harbour Trustees and the Companies confirmed.