Glasgow Corporation (Police) Provisional Order [1904] UKHL 888_1 (03 May 1904)

Glasgow Corporation (Police) Provisional Order [1904] UKHL 888_1 (03 May 1904)

The Commissioners refused to grant the arbiter the power to determine all questions of and liability for expenses, instead granting a section mirroring section 57 of the Burgh Police (Scotland) Act 1903, which limits the arbiter's power to determining the amount of expenses only.

Citation
[1904] UKHL 888_1
Parties
Promoter: Glasgow Corporation; Objector: Glasgow Landlords Association, Limited; Objector: Caledonian Railway Company; Objector: Glasgow and South-Western Railway Company
Jurisdiction
United Kingdom
Judgment Date
03 May 1904
Procedural Posture
Provisional Order Proceeding / Hearing Before House of Lords Commissioners
Outcome
refused in part, granted in part
Legal Topics
Compensation for Compulsory Purchase, Arbitration Procedure, Determination of Expenses, Powers of Arbiter
Compulsory Acquisition Arbitration Local Government Law Compensation for Compulsory Purchase Arbitration Procedure Determination of Expenses Powers of Arbiter

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Parties

Glasgow Corporation

Promoter

Glasgow Landlords Association, Limited

Objector

Caledonian Railway Company

Objector

Glasgow and South-Western Railway Company

Objector

Procedural Posture

Provisional Order Proceeding / Hearing Before House of Lords Commissioners

Legal Issues

  1. 1 Whether a sole arbiter appointed under the Provisional Order should have power to determine all questions of expenses in the arbitration and by whom they shall be paid.

Ratio Decidendi

The Commissioners refused to grant the arbiter the power to determine all questions of and liability for expenses, instead granting a section mirroring section 57 of the Burgh Police (Scotland) Act 1903, which limits the arbiter's power to determining the amount of expenses only.

Court Disposition

refused in part, granted in part

Orders

  • The words granting the arbiter power to determine all questions of and liability for expenses were refused.
  • A section similar to section 57 of the Burgh Police (Scotland) Act 1903 was granted, limiting the arbiter's power to determining the amount of expenses.