V. Kirkcaldy District Water [1912] UKHL 1055 (24 July 1912)

V. Kirkcaldy District Water [1912] UKHL 1055 (24 July 1912)

The Commissioners held that compensation for private water-works taken over under the Order should be limited to structural value with allowance for depreciation, and that domestic water rate should not be levied on properties with adequate private supply until acquisition or inadequacy. The Order was confirmed with these adjustments.

Citation
[1912] UKHL 1055
Parties
Promoter: Kirkcaldy District Committee of the County Council of Fife; Interested Party: Water-works Commissioners of Kirkcaldy and Dysart; Objector: Fife Coal Company and others; Objector: Mr C.B. Balfour and Mr Edward Balfour; Objector: Tullis, Russel, & Co., Limited; Objector: John Fergus & Co., and Others; Objector: Rothes Trustees; Interested Party: Wemyss and District Water Trustees; Objector: Robert Tullis; Objector: Trustees of the late J.L. Boyd
Jurisdiction
United Kingdom
Judgment Date
24 July 1912
Procedural Posture
Provisional Order Confirmation Proceedings / Final Adjustment of Clauses and Report to Secretary for Scotland
Outcome
Order confirmed with adjusted clauses
Legal Topics
Water Supply Schemes, Compulsory Acquisition, Compensation for Private Utilities, Public Rating and Taxation, Arbitration Clauses
Administrative Law Local Government Law Property Law Water Supply Schemes Compulsory Acquisition Compensation for Private Utilities Public Rating and Taxation Arbitration Clauses

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Parties

Kirkcaldy District Committee of the County Council of Fife

Promoter

Water-works Commissioners of Kirkcaldy and Dysart

Interested Party

Fife Coal Company and others

Objector

Mr C.B. Balfour and Mr Edward Balfour

Objector

Tullis, Russel, & Co., Limited

Objector

John Fergus & Co., and Others

Objector

Rothes Trustees

Objector

Wemyss and District Water Trustees

Interested Party

Robert Tullis

Objector

Trustees of the late J.L. Boyd

Objector

Procedural Posture

Provisional Order Confirmation Proceedings / Final Adjustment of Clauses and Report to Secretary for Scotland

Legal Issues

  1. 1 Whether the rating provisions and compulsory acquisition of private water-works under the Provisional Order were fair and lawful
  2. 2 Whether compensation for private water-works should account for depreciation and utility to the County Council
  3. 3 Whether exemption or postponement from domestic water rate was justified for properties with adequate private supply

Ratio Decidendi

The Commissioners held that compensation for private water-works taken over under the Order should be limited to structural value with allowance for depreciation, and that domestic water rate should not be levied on properties with adequate private supply until acquisition or inadequacy. The Order was confirmed with these adjustments.

Court Disposition

Order confirmed with adjusted clauses

Orders

  • Arbiter to fix compensation for private water-works based on structural value and depreciation, excluding wayleaves, goodwill, compulsory acquisition premium, and water rights.
  • Domestic water rate not to be levied on properties with adequate private supply until acquisition or inadequacy.