Riddell v Lanarkshire and Ayrshire Railway Company
| Jurisdiction | Scotland |
| Judgment Date | 20 February 1904 |
| Date | 20 February 1904 |
| Docket Number | No. 72. |
| Court | Court of Session |
Lord Pearson, Lord Trayner, Lord Moncreiff, Lord Justice-Clerk, Lord Young.
RailwayCompulsory taking of LandCompensationTenderArbitrationExpenses of Arbitration.
On 9th August 1898 a railway company, after serving a notice to treat, entered into possession of lands by arrangement with the proprietor, the company undertaking to pay interest at 5 per cent per annum on the amount of his [the proprietor's] compensation when ascertained or agreed on from the date when possession was taken. On 23d July 1901 the company tendered to the proprietor's agent 1300 in full of all your client's claims of every description, in respect of his right and interest as proprietor in the land taken. This tender was not accepted, and the question of compensation was referred to arbitration. On 21st March 1902 the oversman fixed the compensation at 1265, with interest at 5 per cent from 9th August 1898, until payment. No award was made as to expenses.
In an action by the proprietor against the railway company for payment of the amount of his expenses in the arbitration, held that the tender of 1300 on a sound construction included not only compensation for the land taken, but also for the interest which the company had undertaken to pay, and therefore as the sum awarded by the oversman, with interest, exceeded the sum tendered by the company, that the company were liable to the pursuer in expenses.
On 8th July 1898 the Lanarkshire and Ayrshire Railway Company served a notice under their Act upon David Riddell, of Auchenbank, Paisley, to treat for the purchase of certain lands belonging to Riddell. By arrangement with Riddell the Company entered into possession of the lands on 9th August 1898, and on 31st August the Company wrote to Riddell's agent undertaking to pay interest at 5 per cent per annum on the amount of his compensation, when ascertained or agreed on, from the date when possession was taken, if the works were allowed to proceed. After various negotiations the parties entered into an agreement on 7th July 1899, by which certain arrangements were come to regarding accommodation works and water supply, and which further provided that,The compensation for the whole land to be acquired by the first party shall, failing agreement, be ascertained by statutory arbitration.
On 23d July 1901 the Company's agents made a formal tender to Mr Riddell's agent of 1300 sterling in full of all your client's claims of every description in respect of his right and interest as proprietor in the land taken from him by this railway company, and extending to 6242 acres or thereby, imperial measure.
On 26th July Mr Riddell's agent acknowledged receipt of the tender, and made a counter offer, stating that Mr Riddell was willing on certain conditions to accept the sum of 1500 sterling in full of his claims against your Company for ground acquired by them, interest at 5 per cent to be paid on said sum from the date of the service of the notice to treat, my client to be relieved of the whole expenses incurred by him from the inception of this matter until its final settlement, and the same to be paid by your Company as these expenses may be taxed, on a certain understanding as to accommodation works.
This counter offer was not accepted, and the parties, being unable to agree on the amount of the compensation, proceeded to arbitration. Mr Riddell's claim in the arbitration was for 2500, with interest thereon at the rate of 5 per centum per annum from 8th July 1898, till paid. The oversman, by award dated 21st March 1902, fixed the amount of the compensation payable by the Company to Mr Riddell in full of his claims at 1265, with interest thereon at the rate of 5 per cent per annum from August 9th, 1898, the date agreed upon by the parties, until payment.
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- Devotion II (No. 2), The (Mayflower)
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Mrs. Alice Manson V. R.l. Skinner
...the course of the appeal we were referred to three cases. Counsel for the appellants relied on Riddell v Lanarkshire & Ayrshire Rly Co ((1904) 6 F 432). That was a compensation case where, on an interpretation of the tender, it was held that the sum tendered covered the pursuer's claim for ......