Ulster Transport Authority v James Brown & Sons Ltd
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1953 |
| Date | 01 January 1953 |
| Court | Court of Appeal (Northern Ireland) |
Validity of statute -Act of Northern Ireland Parliament purporting to limit business of furniture removers - "take any property without compensation" - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 5 (1) - Transport Act (Northern Ireland),1948 (12 13 Geo. 6, c. 16), ss. 18, 19.
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Sect. 5 (1) of the Government of Ireland Act, 1920, prohibits the Parliament of Northern Ireland making a law so as either directly or indirectly to take any property without compensation. Sect. 18 (1) of the Transport Act (Northern Ireland), 1948, prohibits the use by any person other than the Ulster Transport Authority of a motor vehicle on a public highway to carry for reward any passenger or luggage or merchandise except with the consent of the Authority and the approval of the Ministry of Commerce. Sect. 19 (1) excepts from the restrictions imposed by s. 18 (1) the use by furniture removers of motor vehicles "to move furniture or effects, not being part of the stock in trade of the owner thereof, from or to premises occupied by such owner to or from other premises occupied by such owner or to or from a store". Furniture which had been purchased as stock in trade by a dealer at an auction mart was carried by the respondents, a firm of furniture removers, from the mart to the dealer's premises without the consent of the Authority and without the approval of the Ministry. In answer to a summons for an offence against s. 18 (1) it was contended by the respondent that this section was ultra viresthe Parliament of Northern Ireland in that it was a taking of property without compensation contrary to s. 5 (1) of the Act of 1920. Held by the Court of Appeal (Lord MacDermott L.C.J., Porter and Black L.JJ.) that the respondents' interest in continuing to carry on furniture removal work of the type prohibited by s. 18 (1) as modified by s. 19 (1) whether such interest was to be regarded as goodwill or as an interest distinct from goodwill, was property within the meaning of s. 5 (1) of the Act of 1920. The word "property" in s. 5 (1) of the Government of Ireland Act, 1920, is not to be restricted to tangible property ejusdem generis as the other forms of property mentioned in that section. Held, further...
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...[1893] 1 Ch. 16; Belfast Corporation v. O.D. Cars Ltd., [1960] A.C. 490; Ulster Transport Authority v. James Brown & Sons, Ltd., [1953] N.I. 79; Farber v. Royal Trust Co., [1997] 1 S.C.R. 846; C.M. Callow Inc. v. Zollinger, 2020 SCC 45; Ville de Léry v. Procureure général......
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...v. Attorney-General for New South Wales [1891] A.C. 455, per Lord MacDermott L.C.J. at p. 118 of the report of Ulster Transport Authority v. James Brown & Sons Ltd. [1953] N.I. 79 and per Viscount Simonds arid Lord Radcliffe at pp. 520 and 525 of the report of Belfast Corporation v. O. D.......
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R v Z (Attorney General for Northern Ireland's Reference)
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