ASSOCIATION OF MASTER LIGHTERMEN & BARGE OWNERS (PORT OF LONDON) v. SOUTHERN RAILWAY COMPANY.

(1934) 48 Ll.L.Rep. 6

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Maugham and Mr. Justice Talbot.

Railways-Charges-Undue preference- Wharf age services rendered by respondent railway company at their quays and wharves-Introduction of inclusive rates covering lighterage by accredited agents and respondents' services-Lower wharfage rates charged to accredited agents than to claimants, who represented the independent lightermen-Application by claimants for a declaration that such inclusive charge made by railway company to their accredited agents constituted an undue preference-Railway and Canal Traffic Act, 1888, Sect. 17: "(1) . . . The burden of proving that such lower charge or difference in treatment does not amount to an undue preference shall lie on the railway company. (2) In deciding whether a lower charge or difference in treatment does or does not amount to an undue preference, the Court . . . may, so far as they think reasonable, in addition to any other considerations affecting the case, take into consideration whether such lower charge or difference in treatment is necessary for the purpose of securing in the interests of the public the traffic in respect of which it is made" -Decision of Rly. & C.C. that assuming there was a preference within the terms of the Railway and Canal Traffic Acts the railway company had justified it; and that therefore the application must be dismissed-Appeal-Whether Court should have taken into consideration as a dominant factor the interests of the railway company-Railways Clauses (Consolidation) Act, 1845, Sect. 90-Legality of charge