Bwllfa and Merthyr Dare Steam Collieries (1891)Ltd, v Pontypridd Waterworks Company

JurisdictionEngland & Wales
Judgment Date06 August 1903
Judgment citation (vLex)[1903] UKHL J0806-2
CourtHouse of Lords
Date06 August 1903

[1903] UKHL J0806-2

House of Lords

Bwllfa and Merthyr Dare Steam Collieries (1891), Limited,
and
Pontypridd Waterworks Company.
1

After hearing Counsel on Monday the 6th day of July last upon the Petition and Appeal of the Bwllfa and Merthyr Dare Steam Collieries (1891), Limited, having its registered offices at Bwllfa Aberdare, in the county of Glamorgan, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 13th of May 1902, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed case of the Pontypridd Waterworks Company, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 13th day of May 1902, complained of in the said Appeal, be, and the same is hereby, Reversed; And it is further Ordered, That the Judgment of the King's Bench Division of the High Court of Justice, of the 22nd day of May 1901, thereby rescinded, be, and the same is hereby, Restored: And it is further Ordered, That the Respondents do pay, or cause to be paid, to the Appellants the costs incurred by them in the Court of Appeal, and also the costs incurred by...

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    • United Kingdom
    • House of Lords
    • 28 March 2007
    ...little, if any, resemblance to the present. In Bwllfa and Merthyr Dare Steam Collieries (1891) Limited v Pontypridd Waterworks Company [1903] AC 426 a coalowner claimed statutory compensation against a water undertaking which had, pursuant to statutory authority, prevented him mining his co......
  • Allan Attwood and ors v Geoffrey Maidment
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    • Court of Appeal (Civil Division)
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    ...to the leading case for the contrary proposition, namely Bwllfa Merthyr Dare Steam Collieries (1981) Ltd v Pontypridd Waterworks Company [1903] AC 426, Mr Grant submits that this case is not authority which supports the proposition. In my judgment, the Bwllfa case is binding on this court f......
  • Golden Strait Corp. v. Nippon Yusen Kubishka Kaisha, (2007) 368 N.R. 324 (HL)
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    ...[1987] 1 W.L.R. 916 (C.A.), refd to. [paras. 11, 33]. Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd. v. Pontypridd Waterworks Co., [1903] A.C. 426, refd to. [paras. 12, 36, 65, 78]. Bradberry, In re, [1943] Ch. 35, refd to. [para. 12]. Carslogie Steamship Co. v. Royal Norwegian Govern......
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3 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Dissenting Judgments in the Law Preliminary Sections
    • 29 August 2018
    ...438, [1969] 2 WLR 1067, [1969] 1 All ER 1002, CA 137–153 Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co [1903] AC 426, 72 LJKB 805, 89 LT 280 111–114, 116, 120, 123 Campbell v Hall (1774) 1 Cowp 204, (1774) 20 State Tr 239, Lofft 655, 98 ER 1045 250, 252 Carl......
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    ...Lord Michael Mustill, 'The Golden Victory--Some Reflections' (2008) 124 Law Quarterly Review 569. (69) Reynolds, above n 68, 344. (70) [1903] AC 426. (71) See ibid 428-9 (Earl of Halsbury LC), 431 (Lord Macnaghten), 432-3 (Lord (72) [2007] 2 AC 353, 371 [12]; see also at 371-2 [12], where h......
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    • Wildy Simmonds & Hill Dissenting Judgments in the Law Part II - Company and Commercial Law
    • 29 August 2018
    ...[63]. 26 Above, n 16, at [26]. 27 Above, n 1, at [63]. 28 Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co [1903] AC 426. 112 Part II – Company and Commercial Law Unlike Lord Bingham, Lord Carswell did not attempt to distinguish commercial contracts from other ......

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