VIII. Water of Leith Purification and Sewerage Order [1908] UKHL 1005_1 (22 July 1908)

VIII. Water of Leith Purification and Sewerage Order [1908] UKHL 1005_1 (22 July 1908)

The promoters were required to acquire the whole of the objectors' property if any part was taken for the sewage tank, but no obligation was imposed on the promoters to remove or alter the outfall pipe at their expense in the event of future harbour extension, and the local authority retained discretion over connection points to surface water drains.

Citation
[1908] UKHL 1005_1
Parties
Promoter: Water of Leith Purification Commissioners; Objector: Hailes Estate and Quarry Company, Limited; Objector: Trustees of Charles Ferrier Gordon; Objector: J. H. Dickson and H. Dickson, C.E.; Objector: John A. Inglis, of Redhall; Objector: Corporation of Edinburgh; Objector: Trustees of John Waddell, of Easter Inch; Objector: Commissioners of Leith Harbour and Docks; Objector: Governors of Gillespie's Hospital; Objector: White, Burns, & Company, and Others
Jurisdiction
United Kingdom
Judgment Date
22 July 1908
Procedural Posture
Provisional Order Confirmation / House of Lords Hearing
Outcome
Order confirmed with modifications
Legal Topics
Sewerage, Compulsory Acquisition, Surface Water Drainage, Public Authority Powers, Compensation for Land Acquisition
Public Health Law Property Law Local Government Law Sewerage Compulsory Acquisition Surface Water Drainage Public Authority Powers Compensation for Land Acquisition

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Parties

Water of Leith Purification Commissioners

Promoter

Hailes Estate and Quarry Company, Limited

Objector

Trustees of Charles Ferrier Gordon

Objector

J. H. Dickson and H. Dickson, C.E.

Objector

John A. Inglis, of Redhall

Objector

Corporation of Edinburgh

Objector

Trustees of John Waddell, of Easter Inch

Objector

Commissioners of Leith Harbour and Docks

Objector

Governors of Gillespie's Hospital

Objector

White, Burns, & Company, and Others

Objector

Procedural Posture

Provisional Order Confirmation / House of Lords Hearing

Legal Issues

  1. 1 Whether promoters can compel proprietors to connect to surface water drains at their own expense
  2. 2 Whether promoters must acquire whole property if only part is taken for public works
  3. 3 Whether obligation should be imposed on promoters to remove/alter sewer outfall pipe at their expense if required by harbour extension

Ratio Decidendi

The promoters were required to acquire the whole of the objectors' property if any part was taken for the sewage tank, but no obligation was imposed on the promoters to remove or alter the outfall pipe at their expense in the event of future harbour extension, and the local authority retained discretion over connection points to surface water drains.

Court Disposition

Order confirmed with modifications

Orders

  • Promoters required to acquire whole of Waddell trustees' property if any part is taken
  • No obligation imposed on promoters to remove or alter outfall pipe for harbour extension