IX. Edinburgh Corporation (Tramways, &c.) Order [1907] UKHL 1021 (24 July 1907)

IX. Edinburgh Corporation (Tramways, &c.) Order [1907] UKHL 1021 (24 July 1907)

Objectors are entitled to be heard regarding necessity of extension. Lease binds objectors to work extensions, but they are not bound to operate or pay rent for the agricultural land section until relevant markets are completed and opened.

Citation
[1907] UKHL 1021
Parties
Promoter: Corporation of Edinburgh; Objector: Edinburgh and District Tramways Company, Limited; Objector: Dick, Kerr & Company, Limited
Jurisdiction
United Kingdom
Judgment Date
24 July 1907
Procedural Posture
Provisional Order Application / Final Determination by Commissioners
Outcome
preamble proved with conditions
Legal Topics
Tramway Extension, Lease Interpretation, Arbitration Clauses, Public Interest
Transport Law Contract Law Local Government Law Tramway Extension Lease Interpretation Arbitration Clauses Public Interest

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Parties

Corporation of Edinburgh

Promoter

Edinburgh and District Tramways Company, Limited

Objector

Dick, Kerr & Company, Limited

Objector

Procedural Posture

Provisional Order Application / Final Determination by Commissioners

Legal Issues

  1. 1 Whether objectors have locus to oppose tramway extension
  2. 2 Whether lease terms permit objectors to oppose extension
  3. 3 Whether extension is necessary in public interest

Ratio Decidendi

Objectors are entitled to be heard regarding necessity of extension. Lease binds objectors to work extensions, but they are not bound to operate or pay rent for the agricultural land section until relevant markets are completed and opened.

Court Disposition

preamble proved with conditions

Orders

  • Extension along Gorgie Road approved.
  • Extension through agricultural land approved, subject to condition that Tramway Company not bound to work or pay rent for that section until cattle market, slaughter-house, and corn market are completed and opened for public use.