There was a provision made by the Legislature that disputes mentioned in the section of the Act were to be determined by an Expert nominated by the Board of Trade and it was contended that though not in the strict technical sense estoppel, it was a waiver of the provisions introduced into the Statute for the benefit of private rights.
Held: An objection as to jurisdiction can be taken at any stage of the proceedings, and not only can but should be taken by the court of its own motion if apparent.
Vaughan Williams LJ said: ‘The case is not like that of a provision in an agreement which is for the benefit of one of the parties and which he may waive. This is a provision in an Act of Parliament, which, though to some extent it may be for the benefit of the parties to the difference, must be regarded as inserted in the interest of the public also.’
Vaughan Williams LJ, Stirling LJ, Fletcher Moulton LJ
[1906] 2 KB 119, [1906] UKLawRpKQB 69, (1906) 22 TLR 553, (1906) 95 LT 12, (1906) 70 JP 401, (1906) 75 LJKB 636
Commonlii
Tramways Act 1870 33
England and Wales
Cited by:
Cited – Ahsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.229697