Clippens Oil Company Ltd v Edinburgh and District Water Trustees

JurisdictionUK Non-devolved
Judgment Date11 June 1907
Date11 June 1907
Docket NumberNo. 6.,No. 3.
CourtHouse of Lords

[1907] UKHL J0611-1

House of Lords

Clippens Oil Company, Limited
and
Edinburgh and District Water Trustees (Damages) et � Contra.
1

After hearing Counsel, as well on Tuesday the 12th, as Wednesday the 13th, Thursday the 14th, and Monday the 18th, days of March last, upon the Petition and Appeal of the Clippens Oil Company Limited, incorporated under the Companies Acts, 1862 to 1890, and having their Registered Office at Pentland Works, Loanhead, Midlothian, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland, of the 18th of March 1905; and also an Interlocutor of the Lords of Session there, of the First Division, of the 20th of March 1906, so far as therein stated to be appealed against, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors, so far as aforesaid, 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 Petition and Cross Appeal of the Edinburgh and District Water Trustees, incorporated under the Edinburgh and District Waterworks Act, 1869, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely the said Interlocutor of the said Lord Ordinary in Scotland, of the 18th of March 1905, also the said Interlocutor of the said Lords of Session there, of the First Division, of the 20th of March 1906, and also another Interlocutor of the said Lords of Session there, of the First Division, of the 20th March 1906, 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 said Edinburgh and District Water Trustees, and also upon the printed case of the said Clippens Oil Company, Limited, lodged in the said Original and Cross Appeals; and due consideration had this day of what was offered on either side in these Appeals:

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 Original and Cross...

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41 cases
  • Dodd Properties (Kent) Ltd v Canterbury City Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 décembre 1979
    ...speech in The Liesbosch (1933) AC at page 46l accepted Lord Collins's dictum in Clippens Oil Co. v. Edinburgh & District Water Trustees (1907) AC 291, at page 303: in my opinion the wrongdoer must take his victim talem qualem, and if the position of the latter is aggravated because he is wi......
  • Liesbosch Dredger (Owners of) v Owners of SS Edison (The Liesbosch)
    • United Kingdom
    • House of Lords
    • 28 février 1933
    ...claim. A dictum was quoted by Mr. Raeburn from the speech of Lord Collins in Cliffern Oil Coy. v. Edinburgh and District Water Trustees, 1907, A.C. 291, at p. 303. "It was contended that this implied that the defenders were entitled to measure the damages on the footing that it was the duty......
  • Alcoa Minerals of Jamaica Inc. v Herbert Broderick
    • United Kingdom
    • Privy Council
    • 22 mars 2000
    ...(page 460). 16Lord Wright referred to the statement of Lord Collins in Clippens Oil Co. Ltd. v. Edinburgh and District Water Trustees [1907] A.C. 291, 303 to the effect that the wrongdoer has to take his victim as he finds him so that "… if the position of the latter is aggravated because h......
  • Lagden v O'Connor
    • United Kingdom
    • House of Lords
    • 4 décembre 2003
    ...at p 452, in support of their argument to an observation by Lord Collins in Clippens Oil Co v Edinburgh and District Water Trustees [1907] AC 291, 303 that the wrongdoer must take his victim talem qualem (as he finds him), adding that: "if the position of the latter is aggravated because he......
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