Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

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IN RE RAILWAYS ACT, 1921. APPEAL OF MANCHESTER SHIP CANAL COMPANY. SAME. APPEAL OF DOCK AND HARBOUR AUTHORITIES ASSOCIATION.

(1927) 27 Ll.L.Rep. 189

COURT OF APPEAL.

Before Lord Justice Bankes, Lord Justice Scrutton and Lord Justice Atkin.

Docks owned by railway companies- Delimitation between dock and railway - Adjustment by Railway Rates Tribunal of charges to revenue - Alleged inadequacy of charges in respect of "ancillary or subsidiary" business -Unfair advantage over non-railway docks - Appeal against definition adopted by Railway Rates Tribunal allowed, but no alternative definition laid down-Dependent upon particular circumstances of each dock and upon the statutes governing it-Railways Act, 1921, Sects. 28 (1) (f), 58 (4), 59 (6), and Schedule V (11)-Construction.

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