Court : House of Lords
..... ) my noble and learned friends whose opinions i have had the privilege of reading in advance have by ample citations fully vouched the law on the subject and the task is more fittingly discharged by them than by me. ..... there is no suggestion in that report of any default on the part of the sellers. ..... no one who readsthe reported cases can ignore how inveterate is this theory or explanation in english law. ..... (supra) cannot be supported, and i think the decision itself is wrong, unless it can be said that in that, as in some of the other cases, there was some partial performance which i have not been able to discover in the report of the case. ..... 500 and is apparent from a perusal of the report of the committee. ..... 497 of the report, is presenting a similar view of the facts and i am the more disposed so to think because he, for one of the judges concerned, was a supreme master of the common law, and unlikely on another view of the facts to have expressed ..... muller, reported in a note to civil service co-operative society v. ..... brymer (both reported in 19 t.l.r. at pp. ..... 219 of the report). .....
Tag this Judgment!Court : House of Lords
..... they include (either in original or as a copy) the contract for the hull and machinery of the "thetis", letters written before the disaster relating to the vessel's trim, reports as to the condition of the 'thetis " when raised, a large number of plans and specifications relating to various parts of the vessel, and a notebook of a foreman painter employed by the respondents ..... defendants not to disclose the documents set out in the said list or their contents to the plaintiffs or either of them or to anyone on their behalf nor produce them for inspection in this action and to require them to claim privilege for the documents on the ground that it would be injurious to the public interest that the same should be disclosed or produced for inspection. ..... ithink, therefore, that these communications come within that class of official communications which are privileged, inasmuch as they cannot be subject to be communicated without infringing the policy of the act of parliament and " without injury to the public ..... alexander, the first lord of the admiralty, and i am instructed to inform you that crown privilege is claimed for all those in your list numbered 1-16 other than those numbered 4, 7, and 8, and with these three " exceptions, the documents must accordingly not be ..... assume that you will produce this letter to the plaintiffs' solicitors, and if necessary to the master, and if it is not accepted as sufficient to found a claim for privilege, i will obtain an affidavit from mr. .....
Tag this Judgment!Court : House of Lords
..... " just as defamatory words uttered on a privileged occasion cease to be words which the speaker is entitled to utter if he is actuated by express malice, so the pursuit of one's own interests at a rival's expense which pure commercial selfishness would justify passes the limit of legal right and ..... there is no report of the summing up as a whole. ..... " in the report of r. v. ..... veitch's elaborate report to mr. .....
Tag this Judgment!Court : House of Lords
..... the home secretary, though he is not in these matters amenable to the court, and though impeachment has been obsolete for over a century, still is generally responsible to parliament, quite independently of his duty under regulation 18b (6), to report to parliament at least once a month as to the action he has taken, including the number of persons detained and as to the number of cases each month in which he has declined to follow the advice of the committee, ..... john anderson in that case had made an affidavit stating that he had received and considered reports and information from persons in responsible positions who were experienced in investigating mattersof the kind under consideration and whose duty it was to report to him confidentially, that he had studied the reports and come to the conclusion that there were clear grounds for believing and he did in ..... his affidavit does not claim privilege in the correct form; but he instructed the attorney- general on his behalf to claim privilege which in this case, in the absence of any objection to this course by the applicant, must be ..... that he can decline to is close the information on which he has acted on the ground that to do so would be contrary to the public interest, and that this privilege of the crown cannot be disputed. ..... of construction to say in reply to this argument that there are cases in which the secretary of state could answer the attack on the validity of the order for detention without raising the point of privilege. .....
Tag this Judgment!Court : House of Lords
..... lord thankerton my lords, i have had the privilege of considering the opinions prepared by your lordships, and, while i agree with the majority of your lordships that the appeal should be allowed, i desire to state in my own way the principles and their application to the present ..... the case is reported in 1921, 3 k.b., at p. .....
Tag this Judgment!Court : House of Lords
..... i cannot myself derive any principle from the decision and i should have regarded it as one of those cases which should never have been reported and which fulfill no function but to embarrass judges, were it not that in job edwards case (supra) the members of the court of appeal all treated it as an authority deciding, in the words of scrutton l.j. ..... but i agree with my noble and learned friend upon the woolsack, whose opinion i have had the privilege of reading, that the occupier "continues" a nuisance if with knowledge or presumed knowledge of its existence he fails to take any reasonable means to bring it to an end though with ample time to ..... represented the defendants in this matter so far as is relevant, hehad doubtless no authority to consent to a trespass and probably not to incur any appreciable expense in remedying it: but the defendants obviously had to rely upon him to report to them what was found on the farm likely to be injurious to them or their neighbours. ..... facts in both these cases are difficult fully to appreciate with-out a very careful study of the reports, and i do not like to take up your lordships' time by an elaborate analysis of those ..... certain classifications are possible, but many reported cases are no more than illustrations of particular matters of fact which have been held to ..... court of common pleas, however, the plaintiffs obtained a rule nisi for a new trial on the ground of misdirection; and the report deals with the argument on this question. .....
Tag this Judgment!Court : House of Lords
..... law so precisely that its application to every combination of circumstances is beyond question, but i may at least express the hope that the decision in this appeal has narrowed the debatable area, without being as optimistic as the reporter in the bartonshill cases (3 macq. ..... as i have had the privilege of reading the opinion of my noble and learned friend lord wright, who makes a detailed criticism of the decision in this case, in which i entirely concur, i will only say firstly, that the conclusion arrived at appears to me to be justified by ..... i will express my opinion, agreeing with that of my noble and learned friend lord thankerton, that on the facts as reported the decision in fanton v. .....
Tag this Judgment!Court : House of Lords
..... to what has been already said by my noble and learned friend lord buckmaster with regard to the decisions and dicta relied upon by the appellant, and the other relevant reported cases that i am unable to explain how the cases of dangerous articles can have been treated as "exceptions" if the appellant's contention is well founded. ..... the truth, as i hope to show, is that there is in the english reports no such "unbroken and consistent current of decisions" as would justify the aspersion that the law of england has committed itself irrevocably to what is neither reasonable nor equitable, or require a scottish judge in following them ..... upon the view which i take of the matter the reported cases, some directly, others impliedly, negative the existence as part of the common law of england of any principle affording support to the appellant's claim, and therefore there is in my opinion no material from which ..... for this reason it is very necessary in considering reported cases in the law of torts that the actual decisionaalone should carry authority proper weight of course being given to ..... i have had the privilege of considering the discussion of these authorities by my noble and learned friend lord atkin in the judgment which he has just delivered, and i so entirely agree with it that i cannot ..... the examination of the report makes it, i think, plain (1) that negligence was alleged and was the basis of the claim, and (2) that the wide proposition which i have indicated was that for .....
Tag this Judgment!Court : House of Lords
..... had that privilege of the english companies resulted only from the fact that there was no consideration for a promise on their part to continue the rate for any definite period, this statement could not have been made. ..... 1753, mr calthrop reported to the meeting of this committee, on the 1st instant, the result of a meeting held with certain members of the coal mining organising committee on thursday, 27th july 1916, and submitted a memorandum on the subject. .....
Tag this Judgment!Court : House of Lords
..... are subrogated to the rights of the assured, but it appears to me that that can by no possibility in any course of procedure give them greater rights than the assured possessed, or, to put it in other words, i cannot see how the privilege which they obtain by statute can cast a greater burden upon the people against whom, in the assured's name, proceedings are taken. ..... the vessel was of a special type known in france as the marie louise class, upon which, as it appears from the pleadings on both sides, a commission of the french senate has reported, and has made certain recommendations with a view to safety. .....
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