By the Telegraph (Arbitration) Act 1909, sec. 1, questions arising under any agreement with the Postmaster-General relative to telegraphs or telephones may be referred for settlement to the Railway and Canal Commissioners.
Held that such a reference is to the Commissioners not as arbiters but as a court of record. Consequently there is a right of appeal from the Commission to the Court of Appeal upon questions of law.
Judgment of the Court of Appeal ([1913], 2 K.B. 614) affirmed.
Held, further, that the general right of appeal to the House of Lords given by the Appellate Jurisdiction Act 1876, sec. 3, is not taken away by the provisions of the Railway and Canal Traffic Act 1888, sec. 17, sub-sec. 5, that appeal shall only lie to the Court of Appeal.
Lord Chancellor (Haldane), Earl Loreburn, and Lords Atkinson, Shaw, Moulton, and Parker
[1913] UKHL 532, 51 SLR 532
Bailii
England and Wales
Arbitration, Utilities
Updated: 17 January 2022; Ref: scu.632751