Court : House of Lords
..... lord halsbury's statement was made in an interlocutory opinion upon an objection taken to evidence in the course of the hearing, and, as the minutes of evidence before the committee for privileges show, the authorities, which have been before your lordships, had not been discussed. ..... indeed, it appears from all the three reports of the case that he pointed out with some fullness that the separation order had the effect of a judicial separation, that all presumptions arising from the state of marriage were at an end, and that any ..... it is a remarkable fact that so far as the reports show no attempt to apply the rule has ever been made in the 55 years that have elapsed since the passing of this act in the trial of such issues as adultery, condonation, custody of children, andc ..... it should be borne in mind that the reasons which lord mansfield gave for his version of the rule differed from those which are to be found in the decided cases on which, according to the report in cowper, he purported to base himself. ..... on a wife's credit, and the objection to pay, on the ground that the goods were required for a child of the wife's, not begotten by the husband, can hardly have been unknown, but no case, so far as i know, is reported upon the point. ..... hetherington (ubi supra) is reported also in the law journal (56 p ..... the anonymous case reported in 22 beav ..... before the lord chancellor (1921, times law reports, vol. 37, p. 1). ..... the grounds for the doubt nor the grounds for the decision are reported. .....
Tag this Judgment!Court : House of Lords
..... the fact that he has shown himself unworthy of the sovereign's protection, has abused his privileges and violated his allegiance, cannot, in my view, ipso facto terminate the protection with all the rights which flowed from it which the sovereign extended to him, or ipso facto withdraw the implied licence which ..... may take and hold, by purchase, gift, bequest, representation, or otherwise, every species of personal property, except chattels real, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, privileges, and capacities, as if he were a natural-born subject of the united kingdom. ..... is by overt acts showing that he is in active hostility to the government, though he does not thereby lose the protection of the law for his person and property as against private individuals, can he further claim all the privileges of a british subject as against the crown and its servants? ..... local allegiance, which gives the right to the king's protection, must of necessity be the allegiance of the individual and, if the latter refuses it, he has no claim to the rights or privileges which flow from it. ..... (4) in the second of these cases it was urged, and apparently to some extent admitted, that the first was badly reported. .....
Tag this Judgment!Court : House of Lords
..... the principal officer of her majesty's ordnance to bring actions, suits, or other proceedings, provided that in all such actions, suits, or other proceedings, the legal rights, privileges, and prerogatives of her majesty, her heirs and successors, shall not be defeated or abridged. ..... this commission was appointed by royal order on march 31, 1915, "to inquire and determine and to report what sums (in cases not otherwise provided for) ought in reason and fairness to be paid to ..... it is not alleged that procedure by petition of right defeats or abridges the legal rights, privileges, or prerogatives of the crown, if the conditions are such as entitle the respondents to resort to this form ..... the shoreham case,as it is now called, for obvious reasons meagrely reported as to the facts under the name of in re a petition of right(2),was the most recent exemplification of the ancient rule traced back to the year books that for the purpose of repelling invasion, the king, ..... this commission was appointed to inquire and report to the treasury with regard to claims for direct and substantial loss and damage "in cases not otherwise ..... about the absence of compensation was an exact statement of the state of the reported cases then existing. ..... on june 20, 1813, a report was made on the claims of ..... there appears to be no reported case which has decided that the subject is entitled to compensation for lands taken by the crown, in purported exercise of the prerogative, but to this circumstance the same .....
Tag this Judgment!Court : House of Lords
..... so far as regards even cases thus tried in camera by request or without objection, the large body of consistorial reports forms a comprehensive and complete refutation of the suggestion that such an order for a private trial was equivalent to a decree of perpetual silence on the subject of what had transpired within the doors of a court thus ..... it is in truth unnecessary to go through the text-books conset and the others because testimony of the greatest weight on this topic is obtained from the report of the commissioners appointed to inquire into the practice and jurisdiction of the ecclesiastical courts in 1832. ..... esher (master of the rolls), lays down that where an attachment is issued for a breach of the law or as a remedy for something which is a breach of the law and in the nature of an offence, no claim of privilege can be sustained, but where it is issued for the purpose of enforcing a judgment in a civil dispute, and the breach of the order cannot be said to be an offence, privilege can be claimed. ..... applied to be discharged on the ground that at the time of his arrest he was privileged as an advocate from arrest. ..... contempts are merely theoretical, but others are wilful, such as disobedience to injunctions or to orders to deliver up documents; in these cases there is no privilege from arrest. ..... this case the attachment was granted for something more than mere theoretical contempt, and therefore it was something more than mere civil process; there was, therefore, no privilege. .....
Tag this Judgment!Court : House of Lords
..... nothing more objectionable and embarrassing in litigation than trying in effect an action of libel or slander as a matter of aggravation in an action for illegal dismissal, the defendant being permitted, as he must in justice be permitted, to traverse the defamatory sense, rely on privilege, or raise every point which he could raise in an independent action brought for the alleged libel or slander itself. ..... "(1) doubtless there are other dicta to the same effect scattered through the reports, some of which were cited by mr. .....
Tag this Judgment!Court : House of Lords
..... two passages may be found in which judges are reported as saying that women may vote at parliamentary elections. ..... clear expression of this intention must be found before it is inferred that so exceptional a privilege has been granted. .....
Tag this Judgment!Court : House of Lords
..... think that the whole subject has been confused by certain decisions which were dependent on the facts proved, and were incautiously reported as laying down principles of law, when they were, in my view, only intended to be findings of fact in ..... macnaghten .my lords, the right of a person who is owner or occupier of a building with windows, privileged as ancient lights, in regard to the protection of the light coming to those windows, is a purely ..... thus stated appears tolerably simple, it cannot be disputed that the reported cases on questions of light in recent times are not altogether ..... the least surprised that the plaintiffs in the present case objected to a report from a disinterested surveyor, but in my opinion the court ought to have obtained such a report for its own guidance. ..... experienced surveyors accustomed to deal with large properties in london who might be trusted to make a perfectly fair and impartial report, subject, of course, to examination in court if required. ..... wondered why the court does not more frequently avail itself of the power of calling in a competent adviser to report to the court upon the question. ..... it is, i think, the earliest reported case dealing with the question of light after the passing of the prescription act, which came into operation on the first day ..... but according to the report, "chief justice best told the jury, who had viewed the premises, that they were to judge rather from their own ocular observation than from the testimony of any witnesses, .....
Tag this Judgment!