Great Western Railway Co v Phillips and Co Ltd: HL 4 Feb 1908

A Railway Act, after providing that when merchandise is conveyed in trucks not belonging to the company the trader shall be entitled to recover from the company a reasonable sum by way of demurrage for any detention of his trucks beyond a reasonable time, enacted that ‘any difference arising under this section shall be determined by an arbitrator to be appointed by the Board of Trade at the instance of either party.’
A claim by a trader for damages sustained by him in hiring a truck in the place of one delayed by the railway company held to be in respect of a ‘difference arising under this section,’ and to be accordingly a question for an arbitrator and not for a court of law.

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, Robertson, Atkinson, and Collins

Citations:

[1908] UKHL 974, 45 SLR 974

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Arbitration

Updated: 26 April 2022; Ref: scu.621493