London, Chatham, and Dover Railway Company v South Eastern Railway Company

JurisdictionUK Non-devolved
Judgment Date28 July 1893
Judgment citation (vLex)[1893] UKHL J0728-1
CourtHouse of Lords

[1893] UKHL J0728-1

House of Lords

London, Chatham, and Dover Railway Company
and
South Eastern Railway Company.
1

After hearing Counsel as well on Tuesday the 11th as Thursday the 13th, Friday the 14th, Friday the 21st, Monday the 24th, and Thursday the 27th days of this instant July, upon the Petition and Appeal of the London, Chatham, and Dover Railway Company, praying. That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 2nd of March 1892, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of the South-Eastern Railway 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 Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 2nd of March 1892, be, and the same is hereby reversed in so far as it declares that the following items in the Account I., mentioned in paragraph 2 of the Official Referee's Report, dated the 17th of November 1890, mentioned in the Order of Mr. Justice Kekewich, of the 10th of April 1891, that is to say � the 2nd, 3rd, 4th, and 5th items on the debtor side of the Account�

£.

s.

d.

Continental traffic, other than Boat Coupons

30,065

14

10

Porters shipping baskets at Calais

470

7

7

Conveying passengers in South-Eastern trains over London, Chatham, and Dover Lines

46

4

2

Balances of Dover wrong route Ticket Account

19

5

8

3

And the 1st, 2nd, 4th, 5th, and 6th items on the credit side of the Account�

£.

s.

d.

Moiety of Interest on Caution money

723

18

8

Printing Continental Tickets

544

10

3

Balances of Dover wrong route Ticket Account

137

9

1

Overcharge in Account for Porters shipping parcels

13

17

3

Continental traffic, other than Boat Coupons

297

4

2

4

Ought to be omitted as not coming into the Account directed by the Judgment of Mr. Justice Kekewich, of...

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180 cases
  • Sempra Metals (formerly Metallgesellschaft Ltd) v Commissioners of Inland Revenue
    • United Kingdom
    • House of Lords
    • 18 July 2007
    ...award interest as compensation for the late payment of a debt or damages: London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429. The decision in that case does not fit happily with Lord Westbury's statement in Carmichael v Caledonian Railway Co (1870) 8 M (HL) 119, 1......
  • President of India v La Pintada Compania Navigacion S.A. (La Pintada)
    • United Kingdom
    • House of Lords
    • 24 May 1984
    ...with both regret and reluctance. It has long been recognised that London, Chatham and Dover Railway Co. v. The South Eastern Railway Co. [1893] A.C. 429 left creditors with a legitimate sense of grievance and an obvious injustice without remedy. I think the House in 1893 recognised those co......
  • Tehno-Impex v Gebr. Van Weelde Scheepvaartkantoor B.v
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 March 1981
    ...To this I will return. 17In 1893 the House of Lords in the London, Chatham and Dover Railway Co. v. The South Eastern Railway Co. (1893) Appeal Cases 429 affirmed with reluctance the rule of the common law courts as stated in Page v. Newman. Lord Herschell, L.C. thought that Lord Tenterden'......
  • Jefford v Gee
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 March 1970
    ...see Arnott v. Arnott; Redfern (1826) 3 Bingham 353 at page 359. 16In 1893 in London Chatham and Dover Railway v. S.E. Railway Company, (1893 A.C. 429), Lord Herschell, Lord Chancellor, stated the principle, which he thought should be applied, in these words (at page 437):- "I think that whe......
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5 books & journal articles
  • Action
    • Nigeria
    • DSC Publications Online Sasegbon’s Laws of Nigeria. Volume 1 Action
    • 8 September 2016
    ...custom or under a principle of equity such as breach of a fiduciary relationship. See: London Chatham and Dover Railway v. S. E. Railway (1893) A.C. 429 at 434. Where interest is being claimed as a matter of right the proper practice is to claim entitlement to it on the writ and plead facts......
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...ought to be in the possession of another who is entitled to its use: London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429, 437, per Lord Herschell LC. Building contracts form a classic case of this kind, and prima facie interest should be awarded on moneys found due......
  • Damages
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...land, in cases where the vendor has been unable to convey title. In the 1776 21 London, Chatham and Dover Rwy Co v South Eastern Rwy Co , [1893] AC 429 (HL). Compare with Trans Trust SPRL v Danubian Trading Co , [1952] 2 QB 297 (CA) [ Trans Trust ]. 22 See, for example, Courts of Justice Ac......
  • Judicial cooperation and legal interpretation in European Union tax law.
    • United States
    • Faulkner Law Review Vol. 1 No. 1, September 2009
    • 22 September 2009
    ...and Hoechst U.K. Ltd. v. Comm'rs. of Inland Revenue, [2001] E.C.R. I-1727. (100) London, Chatham and Dover Ry. Co. v. South E. Ry. Co., 1893 A.C. 429. (101) Trans. Trust SPRL v. Danubian Trading Co. Ltd., [1952] 2 Q.B. (102) Westdeutsche Landesbank Girozentrale v. Islington London Borough C......
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