LEVER BROTHERS & UNILEVER, LTD. v. MANCHESTER SHIP CANAL COMPANY AND LONDON MIDLAND & SCOTTISH RAILWAY COMPANY.

(1944) 78 Ll.L.Rep. 507

CHANCERY DIVISION.

Before Mr. Justice Vaisey.

Statutes-Private Act-Construction-User of dock-Bromborough Dock Act, 1923, Sect. 25: "Notwithstanding anything contained in this Act or in any Act incorporated therewith the works shall be private works and under no circumstances shall the dock works be used as a public dock and the company shall not for any purposes be deemed to be a railway company"-Summons taken out by plaintiffs (owners of dock) for declaration that they were not prevented by Sect. 25 from granting to purchasers or lessees from them or from their subsidiary companies of sites adjacent to the dock, facilities over the dock for the import and export of goods to and from such sites -Evidence of negotiations between plaintiffs and possible purchasers of sites- Discretion of Court-R.S.C., Order 54A- Declaration refused.