Benson v Northern Ireland Road Transport Board
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1940 |
| Date | 01 January 1940 |
| Court | Court of Appeal (Northern Ireland) |
- Acquisition by N.I. Road Transport Board of every road motor undertaking operated for hire or reward, which had been commenced before 1st June, 1934, paying compensation - Prohibition of use of motor vehicles on public highway for hire or reward except with consent of Board - Motor transport undertaking commenced after 1st June, 1934 -Goodwill lost by reason of prohibition - Property taken without compensation - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 5, sub-s. 1 - Validity of prohibition - Right of Attorney-General to intervene.
By the Road and Railway Transport Act (N.I.), 1935, s. 5, sub-s. 1, it was enacted that the Northern Ireland Road Transport Board should acquire every road motor undertaking operated for hire or reward in Northern Ireland immediately before the passing of the Act and then providing a transport service which had been commenced before 1st June, 1934, paying compensation therefor, and by s. 15, sub-s. 1 of the Act it was enacted that a person other than the Board should not use a motor vehicle on any public highway for the conveyance of passengers or the carriage of merchandise for hire or reward except with the consent of the Board. On 11th June, 1934, the defendant had commenced to operate a road motor undertaking for the carriage of merchandise for hire, and he had a substantial business with a valuable goodwill. The Board consented to the use of motor vehicles on the highway by the defendant for this undertaking, but that consent was subsequently revoked. The defendant having continued to use motor vehicles on the highway for hire or reward after the revocation of the consent, the Board brought proceedings against him at Petty Sessions for breach of a 15...
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