The House considered a challenge to the statutory charges imposed by the respondent. The House had to construe provided: ‘An area board, in fixing tariffs and making agreements under this section, shall not show undue preference to any person or class of persons and shall not exercise any undue discrimination against any person or class of persons.’
Held: In determining whether there has been discrimination as between high voltage consumers and low voltage consumers, the lesser cost of supplying high voltage power should be taken into consideration, and that, therefore, there might be discrimination against high voltage consumers notwithstanding that the price charged to them was a little lower than that charged to low voltage consumers. Excessive charges were recoverable by the company which had paid them.
Judges:
Viscount Kilmuir, Lord Goff of Chieveley
Citations:
[1959] UKHL 4, [1959] 2 All ER 225, [1959] 1 WLR 587, 1959 SLT 181, 1959 SC (HL) 17
Links:
Jurisdiction:
Scotland
Utilities
Updated: 22 July 2022; Ref: scu.279716