Clippens Oil Company, Ltd, v Edinburgh and District Water Trustees (Declarator)

JurisdictionEngland & Wales
Judgment Date07 December 1903
Judgment citation (vLex)[1903] UKHL J1207-1
CourtHouse of Lords
Date07 December 1903

[1903] UKHL J1207-1

House of Lords

Clippens Oil Company, Limited,
and
Edinburgh and District Water Trustees (Declarator).
1

After hearing Counsel, as well on Monday the 27th, as Tuesday the 28th, days of July last, upon the Petition and Appeal of The Clippens Oil Company, Limited, incorporated in terms of the Companies Acts, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland, of the 28th of June 1900, and also Two Interlocutors of the Lords of Session there, of the First Division, of the 27th of November 1900, and the 1st of February 1901 respectively, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors 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 Edinburgh and District Water Trustees, incorporated under the Edinburgh and District Waterworks Act, 1869, 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 Interlocutors, complained of in the said Appeal, be, and the same are hereby, Affirmed; and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents the costs incurred in respect of the said Appeal, the amount thereof to be certified by the Clerk of the Parliaments: And it is also further Ordered, That unless the costs, certified...

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5 cases
  • Thomas v British Railways Board
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 Marzo 1976
    ...circumstances existed which were necessary to the creation of that right, see Clippens Oil Co. v. Edinburgh and District Water Trustees (1904) A. C. 64. 17 Applying that principle, we ought to presume that there was a public footpath at this point at the time that the railway was built and ......
  • Bloemfontein Town Council v Richter
    • South Africa
    • Invalid date
    ...also London & North Western Railway Co. v Evans (1893, 1 Ch. 16 at p. 28); Clippens Oil Co. Ltd. v Edinburgh & District Water Trustees (1904, A.C. 64 at p. The compensation provided for applies to the user as well as the original construction and the sections must be benevolently construed ......
  • Estate McKay and Another v the Rand Water Board
    • South Africa
    • Invalid date
    ...Canal Navigation Co. v Nixon's Navigation Co. Ltd. (85 L.T.R. 53); Clippens Oil Co. Ltd v Edinburgh & District Water Trustees (1904, A.C. 64 at pp. 65, 70, The principle underlying these cases is that, where subjacent support is required from the owner, words providing for compensation ough......
  • Sun Honest Development Ltd v Appeal Tribunal (Buildings
    • Hong Kong
    • Court of Final Appeal (Hong Kong)
    • 30 Octubre 2009
    ...whole passage should be carefully considered when any judge embarks upon a process of “purposive approach” to statutory construction. [6] [1904] AC 64, [7] [1891] AC 228, 231. [8] (1881) 6 App Cas 740, 812. [9] [2000] 1 AC 335, 339. [10] Loc. cit. at pp 349-351. [11] 3 Edw. 1, c. 39. [12] 2......
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