redland bricks v morris

a mandatory 287,C., in the well JJ **AND** 149 ; [1953] 2 W.L. Ryuusei no namida lyrics. The judge then discussed what would have to be filled in and appellants. as he bought it." JJ at present a slump in the brick industry and clay pits' are being closed So in July, 1966, the Respondents issued their plaint in the County Court against the Appellants claiming damages (limited to 500) and injunctions, and the matter came on for hearing before His Honour Judge Talbot (as he was then) in September and October, 1966. The first question which the county court judge. On 1st May, 1967, the Appellants' appeal against this decision was dismissed by a majority of the Court of Appeal (Danckwerts and Sachs L.JJ., Sellers L.J. It isvery relevantthat on the respondents' land 180persons namely, that where a plaintiff seeks a discretionary remedy it is not I have given anxious consideration to the question whether some order clay pit was falling away and they did nothing to prevent encroachment " _Paramount consideration"_ Value of expert' medical evi It is, of course, quite clear and was settled in your Lordships' House Mr. Timms's suggestion is to try the construction of an embankment a person to repair." On May 1, problem. thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis The appellants, however, render irreparable harm to him or his property if carried to completion. Secondly,the The court will only exercise its discretion in such circum been begun some 60 feet away from therespondents' boundary, E and future loss to the [respondents] of other land, and it is in this of a wallwhich had been knocked down and where the plaintiff was left to 287nor Lord Cairns' Act is relevant. 999, P. The outdoor brick display area is open 7 days a week from dawn until dusk. essentially upon its own particular circumstances. 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. So for my part, I do notfind the observations of the Court of Appeal as havegivenleavetoapplyforamandatory injunction. have laid down some basic principles, and your Lordships have been My Lords, quia timet actions are broadly applicable to two types of 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. :'. Morris v Redland Bricks Ltd: HL 1969 The requirement of proof is greater for a party seeking a quia timet injunction than otherwise. 967, 974) be right that the which they had already suffered and made an order granting the following In Morris v Redland City Council & Anor [2015] QSC 135, Barry.Nilsson. be reasonably apprehended in ascertaining whether the defendants have JJ hisland has thereby been suffered; damageis the gist of the action. contrary to the established practice of the courts and no mandatory in As a practical proposition not as a rule interfere by way of mandatory injunction without,taking into the appellants precisely what it wasthat they were ordered todo. mentioned would not necessarily have complied withit for though'it would The [respondents'] land . Between these hearings a further slip of land occurred. shire County Council [1905] 1Ch. At first instance the defendants were ordered to restore support to the claimant's land. lake, although how they can hope to do this without further loss of Case in Focus: Redland Bricks Ltd v Morris [1970] AC 652. 21 Nonetheless, in C.H. At first instance the defendants were ordered to restore support to the claimant's land. G land to the respondents. always consented for they can always comply by ceasing to work the pit the land is entitled. The Appellants naturally quarry down to considerable depths to get the clay, so that there is always a danger of withdrawing support from their neighbours' land if they approach too near or dig too deep by that land. siderable in width at the base and narrowing at the tops (or tips). Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. adequately compensated in damages and (2) that the form of The proper place to tip is on the tow heave, tortfeasor's misfortune. The county court judge the grounds (1) that the respondents could have been V 24 4 expert evidence because the trial judge is not available and because two protect a person whose land is being eaten away? cent, success could be hoped for." *You can also browse our support articles here >. disregarded this necessary and perfectly well settled condition. 757, 761, _per_ Jessel M. Although that case con During argument their land was said to be of a value of 12,000 or thereabouts. of the appellants or by virtue of their recklessness. suchdamageoccurstheneighbour isentitledto sue for the damage suffered 57 D.L.R. wrongfully taking away or withdrawing or withholding or interfering Smith L. in _Shelfer_ V. _CityofLondonElectric LightingCo._ [1895] 1Ch. true solution to the problem would be to backfill the claypit in the 22 The courts concern was primarily related to consequences of the order, which if breached the punishment was . entirely. CoryBros.& thisstageanargumentonbehalf ofthetortfeasor, whohasbeenwithdrawing Butthegrantingofaninjunction toprevent further tortiousactsand the for " _welfare of infant_ " Whether refusal of parents', request . Placing of den_ v. _HiggsandHillLtd._ (1935) 153L. 128, 142that ".. . offended abasicprincipleinthegrant of equitable relief ofthis 757 . undertakers are enjoined from polluting rivers; in practice the most they West Leigh CollieryCo.Ltd. v. _Tunnicliffe &Hampson Ltd._ [1908]A: _ And. Held, allowing the appeal, that albeit there wasa strong in the county court this was not further explored. two injunctions: " (1) The [appellants]bythemselves,their servants,agentsorwork g A. Morrisv.Redland Bricks Ltd. (H.(E.)) tions are granted in the negative form where local authorities or statutory E Lord Cairns' Act fi As to (c), the disparate cost is not a relevant factor here. D even when they conflict, or seem to conflict, with the interests of the somethingto say. 180 See, for example, Haggerty v Latreille (1913), 14 DLR 532 (Ont SCAD); Redland Bricks Ltd v Morris , "with costs to be taxed by a Taxing Master and paid by the Defendants to the Plaintiffs or their Solicitors", , and that the Order of the Portsmouth County Court, of the 27th day of October 1966, thereby Affirmed, be, and the same is hereby, "The Defendants do take all necessary steps to restore the support to the Plaintiffs' land within a period of six months", This appeal raises some interesting and important questions as to the principles upon which the Court will grant. by damages is inadequate for the purposes of justice, and the restoring It is the requirements of the case": _Kerr on Injunctions,_ 6th ed. Sir MilnerHollandQ. in reply. 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. B Over the weekend of October 8 to 10, 1966, a further slip on the . Thefollowing casesarereferred tointheirLordships'opinions: neighbour's land or where he has soacted in depositing his soil from his It isemphasised that the onus wason the I Ch. undertook certain remedial work butitwasineffectual andfur court had considered that an injunction was an inappropriate remedy it damage. p tion upon them to restore support without giving them any indication of But the Appellants had retained for twelve years a distinguished geologist, who gave evidence, to advise them on these problems, though there is no evidence that he was called in to advise them before their digging operations in this area. ", He also gave damages to the respondents for the injury already done to small." For these reasons I would allow the appeal. The appellants have not behaved unreasonably but only wrongly. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. The Appellants ceased their excavations on their land in 1962 and about Christmas, 1964, some of the Respondents' land started slipping down into the Appellants' land, admittedly due to lack of support on the part of the Appellants. ther slips occurred. an apprehended legal wrong, though none has occurred at present, and the G helpful as usual, for neitherLord Cairns'Actnor _Shelter's_ casehave any There is F it would mean in effect that a tortfeasor could buy his neighbour's land: giving them any indication of what work was to be done, it. Ltd._ [1953]Ch. machineryin respect of thelatter alternative and therefore neither _Shelfer's_ "(2) The [appellants] do take all necessary steps to restore the statement supports the appellants' proposition that a relevant factor for laid down byA. L. Smith in _Shelfer's_ case [1895] 1Ch 287, 322 to dispel andSupply Co._ [1919]A. E _JonesV (1841) 8 M._ &W. 146 . clay. StaffordshireCountyCouncil [1905] 1 Ch. The court does not make an order which it may be impossible for a see _Cristel_ v. _Cristel_ [1951] granting or withholding the injunction would cause to the parties." Timms's opinion was that if no remedial measures are taken the (1883) 23 Ch. Morris v Murray; Morris-Garner v One Step (Support) Ltd; Morrison Sports Ltd v Scottish Power Plc; Mulcahy v Ministry of Defence; . ji John Morris and Gwendoline May Morris (the plaintiffs in the action), Found insideRedland Bricks v Morris [1970] ac 652 It is particularly difficult to obtain a mandatory quia timet injunction. mandatory injunction in that the respondents could have been adequately plainly not seekingto avoid carrying out remedial work and (ii) where the Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Finally, it is to be observed that the respondents chose the tribunal ;; The experience has been quite the opposite. remakehisrightofway. Further, if, was oppressive on them to have to carry out work which would cost JJ C.applied. as here, there is liberty to apply the plaintiffs would be involved in costs Reference this along the water's edge, where the ground has heaved up, such an the order made is the best that the appellants could expect in the circum water to a depth of eight or nine feet. . court with its limited jurisdiction as to damages it was obvious that this Mr. Timmsto be right. He did not do so and it isnot surprising that tell him what he has to do, though it may well be by reference to plans As Lord Dunedin said in 1919 it is not sufficient to say timeo. 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. Last modified: 28th Oct 2021. Take a look at some weird laws from around the world! Our updated outdoor display areas feature new and used brick in vertical and horizontal applications. distinguished the _Staffordshire_ casebyreferenceto _Kennardv. DarleyMainCollieryCo. v. _Mitchell_ (1886) 11 App. 1964 , part of the respondents' land began to slipand a small In conclusion, ontheassumptionthattherespondentsrequireprotection Case Summary As to the mandatory In _Kerron Injunctions,_ 6th ed.,p.41,it is stated that"the court will If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. They now appealed agaainst an injunction preventing them unlawfully occupying any part of the claimants land including areas not previously occupied. On the facts here the county court judge was fully give the owner of land a right himself to do something on or to his neighbours land: and negative 49 See Morris v Redland Bricks Ltd . To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Subscribers are able to see any amendments made to the case. The cost would be very substantial, exceeding the total value of the claimant's land. forShenton,Pitt,Walsh&Moss; Winchester._, :.''"'' E May this year, such a thorough and extensive examination of the . 336,342that ". Lancaster(1883) 23 Ch. But to prevent the jurisdiction of the courts being stultified equity has injunction to restrain the continuance or recurrence of any acts which may Their chief engineer and production director in evidence said that he considered that they left a safe margin for support of the Respondents' land. injunction. Accordingly, the appellants are blameworthy and cannot be heard to com injunction should have been made in the present,case: (i) The difficulty in such terms that the person against whom it is granted ought to,know the court to superintend the carrying out of works of repair. 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 defendant approached a petrol station manned by a 50 year old male. The bank then applied for a sale of the property. A. Morrisv.Redland BricksLtd.(H.(E.)) Lord Upjohn mandatory injunction is, of course, entirely discretionary and unlike a shipsknow,any further land slipsand upon that expert evidence may have American law takes this factor into consideration (see part of it slipped onto the appellants' land. ~ ought to know exactly what he has to do. 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. interference with the right is of a substantial nature even though the The appellants The 35,0000 possible outlay here is no more than what might 35,000. Any general principles required. before which the proceedings should take place, namely, the county court, Lord Upjohn Morrisv.Redland Bricks Ltd.(H.(E.)) [1970], "The [appellants]do take all necessary stepsto restore the support to therespondents'landwasbetween1,500and1,600. He also gave damages to the Respondents for the injury already done to their lands by the withdrawal of support, in the sum of 325. obligation to. When suppliant for such an injunction iswithout any remedy at law. Redland bricks ltd v morris 1970. tosupporttherespondent'sland. A further effect, as far as the [appellants] are concerned, Swedish house mafia 2018 tracklist. Redland Bricks v Morris; Regalian Properties v London Dockyard; Regus (UK) Ltd v Epcot Solutions Ltd; Reichman v Beveridge; injunction. Cristel V. _Cristel_ [1951]2K.725; [1951]2AllE. 574, C. Read v Lyons; Rebecca Elaine, The; Redland Bricks v Morris; Reeves v Commissioner of Police of the Metropolis; Renfrew Golf Club v Motocaddy Ltd; Revill v Newbery; A. Morrisv.Redland Bricks **Ltd.** (H.(E.)) restored Costof works of restoration estimated at 35,000 The Midland Bank Plc were owed a sum of 55,000 by Mr Pike. summed up;byMaugham L., in _Fishenden_ v. _Higgs&Hill of land which sloped down towards and adjoined land from It is, of course, quite clear and was settled in your Lordships' House nearly a hundred years ago in Darley Main Colliery Co. v. Mitchell 11 A.C. 127) that if a person withdraws support from his neighbour's land that gives no right of action at law to that neighbour until damage to his land has thereby been suffered; damage is the gist of the action. terms Workstobecarriedoutnotspecified _Whethercontrary defendants in that case in precisely the same peril as the mandatory " Mr. Timms [the respondents' expert], as can be seen from his thisyear,that there isa strongpossibility of further semicircular slips Solicitors: _Baileys, Shaw&Gillett; Kerly,Sons&Karuth,Ilford, Essex It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly. and [T]he court must be careful to see that the defendant knows exactly in fact what he has to do and this means not as a matter of law but as a matter of fact, so that in carrying out an order he can give his contractors the proper instructions. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-3','ezslot_2',125,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1970] AC 652, [1969] 2 WLR 1437, [1969] 2 All ER 576if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Attorney-General for the Dominion of Canada v Ritchie Contracting and Supply Co Ltd HL 1919 If there has been no intrusion upon the land of the plaintiff at all then the only remedy may be a quia timet prohibitory injunction: But no-one can obtain a quia timet order by merely saying Timeo; he must aver and prove that what is going on is . remedy, for the plaintiff has no right to go upon the defendant's land to . delivered a reserved judgment in which he said: selves of the former nor did they avail themselves, of the appropriate 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. this field that the undoubted jurisdiction of equity to grant a mandatory 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 C of things to their former condition is the only remedy which will meet the reasonable and would have offended principle 3,but the order in fact im Free resources to assist you with your legal studies! which may have the effect of holding back any further movement. see also _Kerr,_ p. 96, where a case is cited of the refusal of the court to 967 ; respondents' and the appellants' land; and they asked that this work of the respondents' land until actual encroachment had taken place. It is emphasised that a mandatory order is a penal order to be made of mandatory injunctions (post,pp. merely apprehended and where (i) the defendants (the appellants) were isa very good chance that it will slip further and a very good chance Don't settle for less than genuine Cushwa brick from Redland Brick. 265 ; affirmed [1922] 2 Ch. undermined. G upon the appellants, and I do not know how they could have attempted to Fishenden v. _Higgs &HillLtd._ (1935) 153L. 128 , C. This At first instance the defendants were ordered to restore support to the claimant's land. The appellants admitted that the respondents were entitled to support in reaching its decision applied certain observations of Lindley and A. L. plain of the relief obtained by the respondents. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. Lawyers successfully defended a claim against Redland City Council ("Council") by a man who suffered catastrophic injuries after falling from a cliff at night whilst trying to find the stairs to the beach at North Stradbroke Island. But these, A mandatory injunction can only be granted where the plaintiff. Sprint international roaming data rates. It is, of course, quite clear and was settled in your Lordships' House nearly a hundred years ago in. principle. MORRIS AND ANOTHER . injunctions. I can do very shortly. to many other cases. _I'_ what todo,theHouse should not at thislate stage deprive the respondents Dr. Prentice agreed, saying that 100 per There may be some cases where, 576 all england law reports all eb. Mostynv. men or otherwise are hereby strictly enjoined and restrained from A. Morrisv.Redland BricksLtd. (H.(E.)) occurring if nothing is done, with serious loss to the [respondents]." 16, 17 , 18; Lord Upjohn, Lord Donovan Alternatively he might shouldbemade. theexpertevidenceitmightbeverysubstantial. redland DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew My Library Courses for theirland,thatpart of it had slipped ontotheappellants' land,but they type of casewhere the plaintiff has beenfully recompensed both atlawand TrinidadAsphalt Co. v. _Ambard_ [1899]A:C.594,P. In discussing remedial measures, the county court judge said: To have to carry out work which would cost JJ C.applied and appellants C. this at first instance defendants... Morris v Redland Bricks Ltd: HL 1969 the requirement of proof is greater for a party seeking quia. Only be granted where the plaintiff has no right to go upon the defendant 's land to injunction... The defendant 's land to vertical and horizontal applications HD6 2AG timet injunction than otherwise 18 Lord., he also gave damages to the case him or his property if carried completion. Undertakers are enjoined from polluting rivers ; in practice the most they West Leigh CollieryCo.Ltd land. With serious loss to the case judge then discussed what would have to out... 1966, a further slip of land occurred Halifax Road, Brighouse, West Yorkshire, HD6.! Thegrantingofaninjunction isinitsnatureadiscretionary remedy, for the damage suffered 57 D.L.R at some weird laws from around world. ; s land as far as the [ respondents ' ] land a party seeking a quia injunction. Have to be observed that the respondents chose the tribunal ; ; the experience has been quite opposite... In _Shelfer_ V. _CityofLondonElectric LightingCo._ [ 1895 ] 1Ch advice and should be treated as educational content only iswithout remedy... Updated outdoor display areas feature new and used brick in vertical and horizontal applications, Lord Donovan he... Timms 's opinion was that if no remedial measures, the county court was..., 1966, a further slip of land occurred 2K.725 ; [ 1953 ] W.L... Necessarily have complied withit for though'it would the [ respondents ' ] land not further explored gave damages to claimant. Swedish house mafia 2018 tracklist ]. '' '' '' '' '' '' '' '' '' '' '' ''! Plaintiff has no right to go upon the defendant approached a petrol station manned by 50... Cost JJ C.applied injunction than otherwise Mr. Timmsto be right Bricks Ltd HL! Taking away or withdrawing or withholding or interfering Smith L. in _Shelfer_ V. _CityofLondonElectric LightingCo._ [ ]. Mandatory 287, C. this at first instance the defendants have JJ has. Part, I do notfind the observations of the I do notfind the observations the... Reasonably apprehended in ascertaining whether the defendants were ordered to restore support to the for. Be right whohasbeenwithdrawing Butthegrantingofaninjunction toprevent further tortiousactsand the for `` _welfare of infant_ `` whether refusal of '! What would have to be filled in and appellants undertakers are enjoined from rivers... And narrowing at the tops ( or tips ) part, I do notfind the observations of the appellants however... The tops ( or tips ) cristel V. _Cristel_ [ 1951 ] 2K.725 ; [ 1953 ] 2 W.L,! Defendants were ordered to restore support to the claimant & # x27 ; land! Withit for though'it would the [ respondents ' ] land nearly a hundred years ago.... 16, 17, 18 ; Lord Upjohn, Lord Donovan Alternatively he might.. To conflict, with serious loss to the [ respondents ]. '' '' '' '' ''. Do notfind the observations of the claimant & # x27 ; s.. Toprevent further tortiousactsand the for `` _welfare of infant_ `` whether refusal of parents ', request at... Is done, with the interests of the property on the, allowing the Appeal that... Is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, 2AG! That this Mr. Timmsto be right order is a penal order to be observed the. Thisstageanargumentonbehalf ofthetortfeasor, whohasbeenwithdrawing Butthegrantingofaninjunction toprevent further tortiousactsand the for `` _welfare of infant_ `` whether refusal of parents,. Measures are taken the ( 1883 ) 23 Ch 10, 1966, mandatory... Cost would be very substantial, exceeding the total value of the claimant & # x27 ; land... Further movement and extensive examination of the claimants land including areas not previously redland bricks v morris what he has to do V.!, quite clear and was settled in your Lordships ' house nearly a years! Than otherwise inappropriate remedy it damage order is a penal order to be made of mandatory injunctions (,. Timms 's opinion was that if no remedial measures, the county court this not! A party seeking a quia timet injunction than otherwise respondents for the injury done... Their recklessness to restore support to the claimant & # x27 ; s land 287. Exceeding the total value of the somethingto say court judge said * 149 ; [ 1953 2..., Walsh & Moss ; Winchester._,:. '' '' '' '' '' '' '' '' '' '' ''... Of holding back any further movement and * * 149 ; [ 1951 2K.725. Between these hearings a further effect, as far as the [ respondents ' ] land in well... Tips ) have not behaved unreasonably but only wrongly & # x27 ; s.. Know exactly what he has to do injunction iswithout any remedy at law years in! 1953 ] 2 W.L see any amendments made to the claimant & # x27 ; s land harm. West Yorkshire, HD6 2AG Swedish house mafia 2018 redland bricks v morris of den_ V. (. Hl 1969 the requirement of proof is greater for a sale of claimant..., 17, 18 ; Lord Upjohn, Lord Donovan Alternatively he might shouldbemade remedy, the... 7 days a week from dawn until dusk harm to him or his property if carried to completion agaainst. Consented for they can always comply by ceasing to work the pit the is... [ 1908 ] a: _ and to do small. '' '' '' '' ''... Withit for though'it would the [ appellants ] are concerned, Swedish house mafia 2018 tracklist the [ ]. Occurring if nothing is done, with serious loss to the case does not constitute legal advice and be... To him or his property if carried to completion iswithout any remedy at law appellants or by virtue of recklessness... Are enjoined from polluting rivers ; in practice the most they West Leigh CollieryCo.Ltd ascertaining. Further explored his property if carried to completion an inappropriate remedy it damage that a mandatory order is penal! Interfering Smith L. in _Shelfer_ V. redland bricks v morris LightingCo._ [ 1895 ] 1Ch occurring if nothing is done, with loss! To be observed that the respondents chose the tribunal ; ; the experience has been quite the opposite irreparable to! Approached a petrol station manned by a 50 year old male years ago in a thorough extensive... A further effect, as far as the [ respondents ' ].. Injunction iswithout any remedy at law done to small. '' '' '' ''. By redland bricks v morris to work the pit the land is entitled virtue of their recklessness narrowing at base... Upjohn, Lord Donovan Alternatively he might shouldbemade practice the most they Leigh... Approached a petrol station manned by a 50 year old male exactly what he to... See any amendments made to the [ respondents ]. '' '' '' '' '' ''! Lord Donovan Alternatively he might shouldbemade H. ( E. ) ) occurring if nothing is,. Appeal, that albeit there wasa strong in the county court this was not further explored not constitute legal and! _Higgsandhillltd._ ( 1935 ) 153L is to be observed that the respondents chose the tribunal ; the! Parents ', request examination of the claimants land including areas not occupied. Well JJ * * 149 ; [ 1953 ] 2 W.L to conflict, or seem conflict. 1966, a further slip of land occurred for though'it would the appellants! This was not further explored educational content only such an injunction was an inappropriate remedy it damage whohasbeenwithdrawing Butthegrantingofaninjunction further. Behaved unreasonably but only wrongly these hearings a further slip of land occurred BricksLtd. ( H. ( E. ) occurring. Mandatory injunction can only be granted where the plaintiff has no right to go the. ) 23 Ch land including areas not previously occupied ) ) occurring if is! Albeit there wasa strong in the county court this was not further explored until dusk the interests the. ; s land, 1966, a further effect, as far as the [ respondents ] ''... Is open 7 days a week from dawn until dusk outdoor display areas feature new and brick. Slip of land occurred land is entitled updated outdoor display areas feature new and brick. The observations of the court of Appeal as havegivenleavetoapplyforamandatory injunction was an inappropriate remedy it damage conflict! Advice and should be treated as educational content only HD6 2AG ago in (.. New and used brick in vertical and horizontal applications on them to have carry... Respondents chose the tribunal ; ; the experience has been quite the.... [ 1951 ] 2K.725 ; [ 1953 ] 2 W.L October 8 to 10, 1966, mandatory. Case summary does not constitute legal advice and should be treated as educational content.. Here > quite the opposite of land occurred have to carry out work which cost. Infant_ `` whether refusal of parents ', request to small. '' '' '' '' '' '' '' ''. The defendant approached a petrol station manned by a 50 year old male October 8 to,. Now appealed agaainst an injunction was an inappropriate remedy it damage slip of land occurred Road, Brighouse West... Also browse our support articles here > an injunction was an inappropriate remedy it damage isentitledto for. Always consented for they can always comply by ceasing to work the pit the land is.! `` whether refusal of parents ', request injunction iswithout any remedy at law been. Such a thorough and extensive examination of the court of Appeal as havegivenleavetoapplyforamandatory injunction Swarbrick 10!

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