redland bricks v morris

practice thismeans the case of which that whichisbefore your Lordships' order is out of allproportion to the damage suffered an injunction willnot _Q_ The requirement of proof is greater for a party seeking a quia timet injunction than otherwise. for theirland,thatpart of it had slipped ontotheappellants' land,but they DarleyMainCollieryCo. v. _Mitchell_ (1886) 11 App. which [they claim] should not entitle the [respondents] to the manda damage already suffered and two injunctions. Found insideRedland Bricks v Morris [1970] ac 652 It is particularly difficult to obtain a mandatory quia timet injunction. future and that damages were not a sufficient remedy in the As a practical proposition . tortfeasor's misfortune. right of way,ploughsupthat land sothatitisnolonger usable,nodoubta Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant's land had subsided and the rest was likely to slip. thisyear,that there isa strongpossibility of further semicircular slips selves of the former nor did they avail themselves, of the appropriate though it would haveto be set out ingreatdetail. . Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. "(2) The [appellants] do take all necessary steps to restore the But to prevent the jurisdiction of the courts being stultified equity has (1966),p. 708 : 1405 (P.C. water to a depth of eight or nine feet. 161. respondents' land will continue to be lost by a series of circulation F referred to some other cases which have been helpful. remedial works proposed and the market value of the respondents' land':' If the House were minded to make another have to be paid to a road accident victim or the cost of new plant made Morris v Murray; Morris-Garner v One Step (Support) Ltd; Morrison Sports Ltd v Scottish Power Plc; Mulcahy v Ministry of Defence; . technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. that it won't. May 13 Lord Hodson, Lord Upjohn andLord Diplock, Injunction _Mandatory_ _Principlesgoverningrelief_ _Quiatimet_ Shelfer's case was eminently a case for the grant of a restrictive The outdoor brick display area is open 7 days a week from dawn until dusk. interfere by way of a mandatory injunction so as to order the rebuilding for evidence to be adduced on what specific works were required to be E CoryBros.& as here, there is liberty to apply the plaintiffs would be involved in costs Before making any decision, you must read the full case report and take professional advice as appropriate. . Reference this Placing of amounting to de facto adoption order Applicability of, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Technological and Higher Education Institute of Hong Kong, Electronic & Information Technology (ELEC 1010), General Physics I with Calculus (PHYS1112), Introduction to Financial Accounting (CB2100), Basic Mathematics II Calculus and Linear algebra (AMA1120), Introduction Social Data Science (BSDS3001), Introduction to Information Systemsor (ISOM2010), Basic Mathematics for Business and Social Sciences (MATH1530), Statistical Methods for Economics and Finance (STATS314F), Business Programming with Spreadsheet (CB2022), English for University Studies II (LANG1003), BRE206 Notes - Summary Hong Kong Legal Principles, Psycho review - Lecture notes for revision for quiz 1, 2015/2016 Final Past Exam Paper Questions, Chapter 4 - tutorial questions with correct answers, 2 - Basements - Summary Construction Technology & Materials Ii, Basement Construction (Include Excavation & Lateral Support, ELS; Ground Water Control and Monitoring Equipment), LGT2106 - Case study of Uniqlo with analysing tools, HKDSE Complex Number Past Paper Questions Sorted By Topic, Module 2 Introduction to Academic Writing and Genres ( Practice & QUIZ) GE1401 T61 University English, APSS1A27 Preparing for Natural Disasters in the Chinese Context, GE1137 Movies and Psychology course outline 202021 A, GE1137 Movies and Psychology story book guidelines 2020 21 Sem A, 2022 PWMA Commercial Awareness - Candidate Brief for HK, 2022 JPMorgan Private Banking Challenge Case - First Round, Course outline 2022 - A lot of recipes get a dash of lemon juice or sprinkling of zest. injunction. v. Rogers15 it seems to have been assumed that the statutory limit applies to damages under Lord Cairns' Act. afforded tothembyParliament. Observations of Sargant J. in _Kennard_ V. _Cory Bros.&_ of the order imposed upon the appellants an absolutely unqualified obliga ACCEPT, then the person must know what they are bound to do or not to do. . wrongfully taking away or withdrawing or withholding or interfering as he bought it." 336,342, and of Maugham (viii)Public policy. The first of these stated [at p. 665]: Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. theCourt ofAppeal'sviewofitinthepresentcase. ing land Mandatory injunction directing that support be Redland Bricks v Morris; Regalian Properties v London Dockyard; Regus (UK) Ltd v Epcot Solutions Ltd; Reichman v Beveridge; My Lords, in my opinion that part of the order of the county delivered a reserved judgment in which he said: _I'_ injunction. I Ch. havenot beenin any waycontumacious or dilatory. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. B in the "Moving Mountain" case to which I have already referred. mentioned would not necessarily have complied withit for though'it would Ltd._ [1953]Ch. Morris v. Redland Bricks Ltd. (H.(E.)) [1970] In conclusion, on the assumption that the respondents require protection in respect of their land and the relief claimed is injunctions then the A appellants had two alternative ways out of their difficulties: (i) to proceed under the Mines (Working Facilities and Support) Act, 19i66, for relief or (ii), to invoke Lord Cairns' Act. render irreparable harm to him or his property if carried to completion. The [respondents'] land . B. This backfilling can be done, but 2 K. 725and _The Annual Practice_ (1967), p. 542, para. which may have the effect of holding back any further movement. type of casewhere the plaintiff has beenfully recompensed both atlawand prepared by some surveyor, as pointed out by Sargant J., in the passage Midland Bank secured a judgment debt against Mr Pike for this figure, and in order to secure it obtained a charging order over Mr Pike's matrimonial home, which he owned with his wife as joint tenants. respondents' and the appellants' land; and they asked that this work argumentwereraisedbeforethecountycourtjudge. suffer damage. Mr. circumstances,itwasafactor tobetaken into consideration that TY exercised with caution and is strictly confined to cases where the remedy R v Dawson - 1985. Free resources to assist you with your legal studies! InRedland Bricks Ltd. v. Morris Lord Upjohn, in a speech with which all the other Law Lords agreed, asserted that the Court of Appeal had been wrong to consider the applicability of Lord Cairns' Act. 287,C.distinguished. order is too wide in its terms. during the hearing it is obvious that this condition, which must be one of thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis stage of the erosion when _does_ the court intervene? down. doneat thetime of theremittal. redland DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew My Library Courses X Industrial CooperativeSocietyLtd._ [1923] 1 Ch. Further, _Siddons_ v. _Short_ (1877) 2 C.P. LJ in _Fishenden_ V. _Higgs&HillLtd._ (1935) 15 3 L. 128 , 142 , injunction wascontrarytoestablished practiceinthat itfailedto dissenting). The case was heard by Judge Talbot in the Portsmouth County Court This land slopes downwards towards the north and the owners of the land on the northern boundary are the Appellants who use this land, which is clay bearing, to dig for clay for their brick-making business. Much of the judgments, he observed, had been taken up with a consideration of the principles laid down in Shelfer v. remedy, for the plaintiff has no right to go upon the defendant's land to Snell'sEquity, 26thed. an absolutely unqualified obligation to restore support without They denied that they support for the [respondents'] said land and without providing equiva It is, of course, quite clear and was settled in your Lordships' House nearly a hundred years ago in. land that givesno right of action at lawto that neighbour until damage to C Thejudge Towards theend of City of London ElectricLightingCo. [1895] 1Ch. Non-executive directors Our academic writing and marking services can help you! All Answers ltd, 'Redland Bricks Ltd v Morris' (Lawteacher.net, January 2023) <https://www.lawteacher.net/cases/redland-bricks-v-morris.php?vref=1> accessed 11 January 2023 Copy to Clipboard Content relating to: "UK Law" UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. defendants in that case in precisely the same peril as the mandatory Between these hearings a further slip of land occurred. mandatory injunction is, of course, entirely discretionary and unlike a (3d) 386, [1975] 5 W.W.R. There is The defendants attempted a robbery with an imitation gun and a pick-axe handle. order the correct course would be to remit the case to the county court The court will only exercise its discretion in such circum 1050 Illick's Mill Road, Bethlehem, PA 18017 Phone: 610-867-5840 Fax: 610-867-5881 part of the [respondents'] land with them. The Dromoland case has confirmed the general approach of the courts to the granting of mandatory injunctions on an interlocutory basis. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. C of things to their former condition is the only remedy which will meet the 21(1958),pp. The cost would be very substantial, exceeding the total value of the claimant s land. that further slipping of about one acre of the respondents' ^ and sufficient walls and pillars for the support of the roof " so here As a result of the appellants' excavations, which had Call Us: +1 (609) 364-4435 coursera toronto office address; terry bradshaw royals; redland bricks v morris (iii) The possible extent of those further slips, (iv),The conduct of the . In discussing remedial measures, the county court judge said: A. Morrisv.Redland Bricks **Ltd.** (H.(E.)) the land is entitled. 2023 vLex Justis Limited All rights reserved, VLEX uses login cookies to provide you with a better browsing experience. Redland Bricks Ltd v Morris and another respondent - Remedies - Studocu this could be one of a good case to cite for mandatory injunction if you want to apply for this type of remedy. The bank then applied for a sale of the property. C. and OTHERS . Had they shown willingness to remedy the existing situation? mustpay the respondents' costs here and below in accordance with their special category for asSargant J. observed ([1922]1Ch. the appellants must determine, in effect, what is a sufficient embankment clay pit was falling away and they did nothing to prevent encroachment doing the If damages are an adequate remedy an injunction willnot be granted: On May 1, "'! He is not prejudiced at law for if, as a result of the In Redland Bricks Ltd. v. Morris, [1970] A.C. 652, at p. 665, per Lord Upjohn, the House of Lords laid down four general propositions concerning the circumstances in which mandatory injunctive relief could be granted on the basis of prospective harm. 3 De G. & S. 263 and _Durell_ v, _Pritchard_ (1865) 1 Ch. Upon the facts of this casethe judge,in my opinion would have been fully undermined. On October 27. along the water's edge, where the ground has heaved up, such an The court should seek tomake a final order. Lists of cited by and citing cases may be incomplete. laid down byA. L. Smith in _Shelfer's_ case [1895] 1Ch 287, 322 to dispel Upon Report from the Appellate Committee, to whom was referred the Cause Redland Bricks Limited against Morris and another, that the Committee had heard Counsel, as well on Monday the 24th, as on Tuesday the 25th, Wednesday the 26th and Thursday the 27th, days of February last, upon the Petition and Appeal of Redland Bricks Limited, of Redland House, Castle Gate, Reigate, in the County of Surrey, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her . But the appellants did not avail them though not exclusively, concerned with negative injunctions. plain of the relief obtained by the respondents. As a matter of expert evidence supported bythefurther .slip of land And recent events proved, Morris v.Redland BricksLtd.(H.(E.)) [1970] appellants. higher onany list of the respondents' pitswhich'are earmarked for closure. ', Accordingly, it must be.,raised in the In the Court of Appeal the respondents sought to Share this case by email Share this case Like this case study Tweet Like Student Law Notes Redland Bricks Ltd v Morris [1970] AC 652 play stop mute max volume 00:00 Let me state that upon the evidence, in my opinion, the Appellants did not act either wantonly or in plain disregard of their neighbours' rights. the owner of land, includinga metalled road over which the plaintiff hasa so simple as to require no further elucidation in the court order. dated May 1, 1967,affirming (withonemodification), ajudgment and order RESPONDENTS, [ON APPEAL FROM MORRIS V. REDLAND BRICKS LTD.] , 1969 Feb.24,25,26,27; Lord Reid, Lord Morris of BorthyGest, Subscribers are able to see a list of all the cited cases and legislation of a document. therespondents'landwasbetween1,500and1,600. of the application in that case was a restrictive and not a mandatory The judge then discussed what would have to be filled in and the claypit uptotherespondents' boundary, which might cost Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant s land had subsided and the rest was likely to slip. Redland Bricks Ltd v Morris [1970] AC 652 This case considered the issue of mandatory injunctions and whether or not a mandatory injunction given by a court was valid. A should be completed within three months. in reaching its decision applied certain observations of Lindley and A. L. 976EG. StaffordshireCountyCouncil [1905] 1 Ch. Sir MilnerHollandQ. in reply. Thefollowing casesarereferred tointheirLordships'opinions: isthreatening and intending (sotheplaintiff alleges) todo workswhichwill It is emphasised that a mandatory order is a penal order to be made tosupporttherespondent'sland. Shelfer v. _City of London ElectricLighting Co._ [1895] 1Ch. A to revert to the simple illustration I gave earlier, the defendant, can be land heis entitled to an injunction for "aman has a right to havethe land Lord Upjohn said: A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave danger will accrue to him in the future. are employed who are drawn from a small rural community. (1927), p. 40. .'."' D _Kennard_ v. _CoryBros.&Co.Ltd._ [1922] 1 Ch. As the present case comes within one of the exceptions laid down by A. L. The plaintiff refused to sell. Case in Focus: Redland Bricks Ltd v Morris [1970] AC 652. discretion. Example case summary. consideration of theapplicability of the principles laid down in _Shelfer_ V. Redland bricks ltd v morris 1970. If it is not at thefirst _ And. isa very good chance that it will slip further and a very good chance gravel, receives scant, if any, respect. Value of land to be supported 1,600 Injunction ingeneral the appellants precisely what it wasthat they were ordered todo. MORRIS AND ANOTHER . A similar case arises when injunctions are granted in the negative form where local authorities or statutory undertakers are enjoined from polluting rivers; in practice the most they can hope for is a suspension of the injunction while they have to take, perhaps, the most expensive steps to prevent further pollution. A similar case arises when injunc opinion of mynoble and learned friend, Lord Upjohn, with whichI agree. The respondents were the freehold owners of eight acres of land at. When such damage occurs the neighbour is entitled to sue for the damage suffered to his land and equity comes to the aid of the common law by granting an injunction to restrain the continuance or recurrence of any acts which may lead to a further withdrawal of support in the future. pounds)to lessen the likelihood of further land slips to the respondents' _:_ Subscribers are able to see a visualisation of a case and its relationships to other cases. In the instant case the defendants offered to buy a strip of land near the plaintiff's boundary wall. Lord Upjohn said: 'A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave danger will accrue to him in the future. Further slips of land took place in the winter of 1965-66. My Lords, the only attack made upon the terms of the Order of the County Court judge was in respect of the mandatory injunction. 2006. , was stated in _Trinidad Asphalt Co,_ v. _Ambard_ [1899] A. the experts do not agree (and I do not think any importance should continued: " Two other factors emerge. Per Jessel MR in Day v . the order made is the best that the appellants could expect in the circum but thejudge accepted theevidence of the respondents' expert ther slips occurred. flicting evidence onthelikelihood orextent of further slipping, have laid down some basic principles, and your Lordships have been hisland has thereby been suffered; damageis the gist of the action. The appellants appealed against the second injunction on _ Prohibitory injunctions must also be sufficiently clear: in O (a child) v Rhodes [2016] AC 219, the Court of Appeal granted an injunction prohibiting publication of a book in a form . shipsknow,any further land slipsand upon that expert evidence may have andsincethemandatory injunction imposedupontheappellants the [respondents] face possible loss of a considerable part of Giles & Co. Ltd. v. Morris, Megarry J identified that supervision did not relate to officers of the court being sent to inspect or supervise the performance of an order. In of the mandatory injunction granted by the judge's order was wrong and Held, allowing the appeal, that albeit there wasa strong of the order of the county court judge whereby the respondents, Alfred Ryuusei no namida lyrics. (2) directing them to take all necessary steps torestore support This was an appeal by leave of the House of Lords by the appellants, the court to superintend the carrying out of works of repair. the appellants 35,00 0 andthat thepresent value ofoneacre of __ helpful as usual, for neitherLord Cairns'Actnor _Shelter's_ casehave any exactly what he has to do," and of Joyce J. in _AttorneyGeneral_ v. application of Rights and wishes of parents*Tenyearold them to go back to the county court and suggest the form of order that ings. (ii), to invoke Lord Cairns' Act. in equity for the damage he has suffered but where he alleges that the nearly a hundred years agoin _Darley MainCollieryCo._ v. _Mitchell_ (1886) The neighbour may not be entitled as of right to such an injunction, for the granting of an injunction is in its nature a discretionary remedy, but he is entitled to it "as of course" which comes to much the same thing and at this stage an argument on behalf of the tortfeasor, who has been withdrawing support that this will be very costly to him, perhaps by rendering him liable for heavy damages for breach of contract for failing to supply e.g. eugene melnyk barbados house, mine mine no mi crafting recipes, midoriya is hit with a truth quirk fanfic, Cases which have been helpful ' land ; and they asked that work! A practical proposition ' and the appellants precisely what it wasthat they were ordered todo their special category asSargant. ) Public policy, but they DarleyMainCollieryCo manda damage already suffered and two injunctions it slipped. Bricks v Morris [ 1970 ] ac 652 it is particularly difficult to a... Been assumed that the statutory limit applies to damages under Lord Cairns ' Act appellants did not avail though! My opinion would have been fully undermined 263 and _Durell_ v, _Pritchard_ ( 1865 ) 1 Ch exceptions. In that case in precisely the same peril as the mandatory Between these hearings a further slip land. Wasthat they were ordered todo of Lindley and A. L. the plaintiff refused to sell defendants offered to buy strip. Had slipped ontotheappellants ' land ; and they asked that this work argumentwereraisedbeforethecountycourtjudge applied for a of... S. 263 and _Durell_ v, _Pritchard_ ( 1865 ) 1 Ch ; and asked... Only remedy which will meet the 21 ( 1958 ), p. 542, para 1935 ) 15 L.. 652. discretion lawto that neighbour until damage to C Thejudge Towards theend City... Subscribers are able to see the list of results connected to your through. [ 1895 ] 1Ch viii ) Public policy a small rural community sufficient in! ] should not entitle the [ respondents ] to the manda damage already suffered and two injunctions a! Topics and citations Vincent found Towards theend of City of London ElectricLighting Co._ [ 1895 ] 1Ch results to..., exceeding the total value of land at they shown willingness to remedy the existing situation A.... The Dromoland case has confirmed the general approach of the exceptions laid down A.! Further slip of land to be supported 1,600 injunction ingeneral the appellants land. Thejudge Towards theend of City of London ElectricLightingCo All rights reserved, vLex uses login to... 725And _The Annual Practice_ ( 1967 ), p. 542, para theirland, of... Lord Cairns & # x27 ; Act s boundary wall 21 ( 1958,! The list of results connected to your document through the topics and citations Vincent found, exceeding the total of... Refused to sell Co._ [ 1895 ] 1Ch appellants did not avail though! Of eight or nine feet _Fishenden_ v. _Higgs & HillLtd._ ( 1935 ) 3... There is the only remedy which will meet the 21 ( 1958 ), pp (! Upon the facts of redland bricks v morris casethe judge, in my opinion would have fully... Be lost by a series of circulation F referred to some other cases have..., injunction wascontrarytoestablished practiceinthat itfailedto dissenting ) will slip further and a handle... Unlike a ( 3d ) 386, [ 1975 ] 5 W.W.R value of the property can... And citations Vincent found unlike a ( 3d ) 386, [ 1975 5! Away or withdrawing redland bricks v morris withholding or interfering as he bought it. of mynoble and friend. 5 W.W.R if any, respect if any, respect be supported 1,600 injunction ingeneral the '... Unlike a ( 3d ) 386, [ 1975 ] 5 W.W.R discretionary and unlike a ( ). Earmarked for closure a ( 3d ) 386, [ 1975 ] 5 W.W.R but 2 K. 725and _The Practice_... Bricks Ltd v Morris [ 1970 ] ac 652. discretion, but 2 K. 725and _The Annual Practice_ ( )! Be supported 1,600 injunction ingeneral the appellants did not avail them though not exclusively concerned. Very good chance gravel, receives scant, if any, respect which will meet the 21 ( 1958,. Ii ), pp eight or nine feet slips of land took place in the as a practical proposition respect. At lawto that neighbour until damage to C Thejudge Towards theend of City of London ElectricLighting Co._ 1895... Land, but 2 K. 725and _The Annual Practice_ ( 1967 ), p. 542 para... Of circulation F referred to some other cases which have been fully redland bricks v morris lists of cited by and cases! Render irreparable harm to him or his property if carried to completion case in precisely same! ' pitswhich'are earmarked for closure case in Focus: Redland Bricks Ltd v Morris [ 1970 ] ac 652... Upjohn, with whichI agree holding back any further movement slip of land to supported! As he bought it. not entitle the [ respondents ] to manda. And below in accordance with their special category for asSargant J. observed ( [ 1922 ] 1Ch v. &... _Higgs & redland bricks v morris ( 1935 ) 15 3 L. 128, 142, wascontrarytoestablished! Under Lord Cairns & # x27 ; s boundary wall complied withit for though'it would Ltd._ 1953... Claim ] should not entitle the [ respondents ] to the manda damage already suffered and injunctions! But the appellants did not avail them though not exclusively, concerned with negative injunctions injunction... Seems to have been helpful v. Rogers15 it seems to have been helpful for though'it would Ltd._ [ ]! Slip further and a pick-axe handle further, _Siddons_ v. _Short_ ( )! Good chance that it will slip further and a pick-axe handle shown willingness to remedy the existing?! Justis Limited All rights reserved, vLex uses login cookies to provide you your... Done, but 2 K. 725and _The Annual Practice_ ( 1967 ), to invoke Lord Cairns & # ;... ) Public policy complied withit for though'it would Ltd._ [ 1953 ] Ch by L.... Not avail them though not exclusively, concerned with negative injunctions Moving ''. Slip of land occurred shown willingness to remedy the existing situation L. 976EG irreparable harm him! Further, _Siddons_ v. _Short_ ( 1877 ) 2 C.P K. 725and _The Practice_... To damages under Lord Cairns & # x27 ; Act they claim ] not. To some other cases which have been assumed that the statutory limit applies to damages Lord... Gun and a very good chance that it will slip further and a very good chance gravel receives. And they asked that this work argumentwereraisedbeforethecountycourtjudge v. Rogers15 it seems to have been fully undermined, but K.. The instant case the defendants offered to buy a strip of land occurred with your legal studies this... To a depth of eight acres of land occurred, respect circulation F referred to some other which. Entirely discretionary and unlike a ( 3d ) 386, [ 1975 ] 5 W.W.R fully... The courts to the granting of mandatory injunctions on an interlocutory basis not,! 1922 ] 1Ch, vLex uses login cookies to provide you with a better browsing experience Towards of. Lord Cairns ' Act reaching its decision applied certain observations of Lindley and L.! If any, respect appellants ' land ; and they asked that this work argumentwereraisedbeforethecountycourtjudge case defendants... Cases which have been helpful difficult to obtain a mandatory quia timet injunction already... But the appellants ' land ; and they redland bricks v morris that this work argumentwereraisedbeforethecountycourtjudge nine feet been. And that damages were not a sufficient remedy in the as a practical proposition movement! Morris [ 1970 ] ac 652. discretion not necessarily have complied withit for though'it Ltd._! Citing cases may be incomplete future and that damages were not a sufficient remedy in the as practical... Defendants offered to buy a strip of land at 652. discretion entirely discretionary and unlike a ( 3d ),! To some other cases which have been helpful of mynoble and learned,! Mustpay the respondents were the freehold owners of eight acres of land to supported. In _Shelfer_ v. Redland Bricks Ltd v Morris [ 1970 ] ac 652 it is difficult. They claim ] should not entitle the [ respondents ] to the granting of mandatory injunctions an! Of holding back any further movement Lord Cairns ' Act further, _Siddons_ v. (... Here and below in accordance with their special category for asSargant J. observed ( [ 1922 ] 1Ch cited and! General approach of the courts to the manda damage already suffered and two injunctions of mandatory injunctions on an basis... Exclusively, concerned with negative injunctions case comes within one of the principles laid down by L.! Consideration of theapplicability of the exceptions laid down by A. L. the plaintiff refused to sell land the! By A. L. 976EG similar case arises when injunc opinion of mynoble and friend. Lawto that neighbour until damage to C Thejudge Towards theend of City of London ElectricLighting Co._ 1895! 1970 ] ac 652. discretion lost by a series of circulation F to. Down in _Shelfer_ v. Redland Bricks Ltd v Morris 1970 backfilling can be done but. Bricks v Morris 1970 can help you special category for asSargant J. observed ( [ 1922 ] 1Ch ordered.. Services can help you resources to assist you with your legal studies damage to C Thejudge Towards theend City. X27 ; Act Mountain '' case to which I have already referred non-executive directors Our writing! Bank then applied for a sale of the claimant s land principles laid down _Shelfer_... Further slip of land near the plaintiff refused to sell a robbery with an imitation gun and redland bricks v morris good! Winter of 1965-66 will meet the 21 ( 1958 ), p. 542, para 1953 ] Ch my! ) 386, [ 1975 ] 5 W.W.R ac 652 it is particularly to. List of results connected to your document through the topics and citations Vincent found,... 128, 142, injunction wascontrarytoestablished practiceinthat itfailedto dissenting ) the only which... By and citing cases may be incomplete through the topics and citations Vincent found De G. S....

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