In 1913 the appellants intimated an increase in the rates applicable to carriage of coal. The respondent disputed the legality of the increase. In 1914 the North Staffordshire Colliery Owners’ Association applied to the Railway and Canal Commissioners to have the increase disallowed. A compromise (to which the respondent was not a party) was arrived at under which the appellants agreed to a smaller increase. The appellants sued the respondent for the full increased rates from July 1913 to December 1915. Held that to charge the respondent a higher rate than that fixed by the agreement with the association was in breach of section 90 of the Railways Clauses Act 1845, and that the appellants was only entitled to recover from the respondent the rates charged the association. Further, that it was incompetent at this stage to introduce a new plea on which the respondent might have led evidence at the trial, i.e., that section 90 did not apply to ‘through rates.’
Decision of the Court of Appeal, 1918, 1 K.B. 367, affirmed.
Lord Chancellor (Birkenhead), Lords Haldane, Dunedin, Atkinson, and Buckmaster
 UKHL 447, 57 SLR 447
England and Wales
Updated: 22 January 2022; Ref: scu.632791