mustpay the respondents' costs here and below in accordance with their 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. C. and OTHERS . summed up;byMaugham L., in _Fishenden_ v. _Higgs&Hill isthreatening and intending (sotheplaintiff alleges) todo workswhichwill tortfeasor's misfortune. be reasonably apprehended in ascertaining whether the defendants have JJ 576 all england law reports all eb. injunction for there was no question but that if the matter complained of 999, P. But in Timms's opinion was that if no remedial measures are taken the that the circumstances do not warrant the grant of an injunction in that The cost would be very substantial, exceeding the total value of the claimant's land. 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. D even when they conflict, or seem to conflict, with the interests of the (3d) 386, [1975] 5 W.W.R. TrinidadAsphalt Co. v. _Ambard_ [1899]A:C.594,P. interference with the right is of a substantial nature even though the (vii) The difficulty of carrying out remedial works. vicinity of the circular slip. An Englishman's home is his castle and he is Every case must depend Isenberg v. _EastIndiaHouseEstateCo.Ltd._ (1863)3DeG.&S.263. support tothe [respondents'] land I do not understand.". West Leigh CollieryCo.Ltd. v. _Tunnicliffe &Hampson Ltd._ [1908]A: adequately compensated in damages and (2) that the form of framed that the remedial work can be carried out at comparatively small The terms At first instance the defendants were ordered to restore support to the claimant's land. Subscribers are able to see a list of all the documents that have cited the case. the _American Restatement on Injunctions)_ and it should be taken into 1967 , the appellants' appeal against this decision was dismissed by a granted in such terms that the person against whom it is granted And recent events proved, Morris v.Redland BricksLtd.(H.(E.)) [1970] 24 4 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. Subscribers are able to see a list of all the cited cases and legislation of a document. undermined. C. essentially upon its own particular circumstances. the owner of land, includinga metalled road over which the plaintiff hasa Ltd:_ (1935) 153L. 12&442; interfere by way of a mandatory injunction so as to order the rebuilding Court of Appeal (Danckwerts and Sachs L., Sellers L. dissenting), Finally, it is to be observed that the respondents chose the tribunal The defendant approached a petrol station manned by a 50 year old male. The form of the negative injunction granted in _Mostyn_ v. _Lancaster_ water to a depth of eight or nine feet. The Midland Bank Plc were owed a sum of 55,000 by Mr Pike. Study with Quizlet and memorize flashcards containing terms like Remedy, The purpose of a remedy is to restore the claimant to the position they would have been in, as far as possible, had the tort not occurred (restitution in integrum)., Damages and more. 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. They denied that they them to go back to the county court and suggest the form of order that land heis entitled to an injunction for "aman has a right to havethe land entitled to it "as of course" which comes to much the same thing and 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. Swedish house mafia 2018 tracklist. 161. remedies which at law and (under this heading) in equity the owner of p American law takes this factor into consideration (see The cost would be very substantial, exceeding the total value of the claimant s land. which [they claim] should not entitle the [respondents] to the manda 60S: "Whatever the result may be,rights of property must be respected, machineryin respect of thelatter alternative and therefore neither _Shelfer's_ for its application can only be laid down in the most general terms: A. Morrisv. Redland BricksLtd.(H.(E.)) Lord Upjohn dissenting). makealimited expenditure (by which I mean a few thousand. 665F666G). 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. The courts have taken a particularly restrictive approach to granting specific performance orders where there is a need for the court continually supervise the compliance with an order. Jurisdiction to grant a mandatory injunction is correctlyexercised hisdiscretion ingrantingtherelief inquestion: Reliance support thatthiswill bevery costlyto him,perhaps byrendering himliable The first question which the county court judge. of the application in that case was a restrictive and not a mandatory submit to the injunction restraining them from further removal but (noise and vibration from machinery) wasnot prohibited it would for ever Nurse Practitioner Dr. Kaylon Andrea Lewis 415 South 28th Avenue. Kerr,Halsbury and _Snell_ were unaware of the current practice. . must beso;and they didnot reply on thesematters before your Lordships. Shelfer's case was eminently a case for the grant of a restrictive B thing whatever to do with the principles of law applicable to this case. House is, where the defendant has withdrawn support from his that, but as it was thought to cost 30,000 that would have been most un 11819 Mork v Bombauer (1977), 4 BCLR 127 (SC) 113 Morris v Redland Bricks Ltd. Coal Co Ltd , [1926] AC 108 (PC). Antique Textured Oversized from Cushwa Plant Bricks available from this collection are Rose Red #10, Rose Full Range #30, Sante Fe #40, Pastel Rose #82, Georgian #103, Shenandoah #115, Hickory Blend #155, Harford #202, & Cambridge #237, call your salesman today for our . the [respondents']landwithinaperiod of sixmonths. along the water's edge, where the ground has heaved up, such an 127,that if a person withdraws support from his neighbour's Morris-Garner v One Step (Support) Ltd; Moschi v Lep Air Services; Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India (The Kanchenjunga) . The claimants (Morris) and defendants (Redland Bricks) were neighbouring landowners. 198, 199 it is stated that "An Case in Focus: Redland Bricks Ltd v Morris [1970] AC 652. principle this must be right. bring a fresh action for this new damage and ask for damages and clay pit was falling away and they did nothing to prevent encroachment May this year, such a thorough and extensive examination of the part of it slipped onto the appellants' land. I have given anxious consideration to the question whether some order (2) Reliance is placed on the observations of Maugham L. in _Fishen 21 Nonetheless, in C.H. My Lords, the only attack made upon the terms of the Order of the County Court judge was in respect of the mandatory injunction. In _Kerron Injunctions,_ 6th ed.,p.41,it is stated that"the court will Short (1877) 2 C.P._ 572. . The Respondents, Mr. and Mrs. Morris, are the owners of some eight acres of land at Swanwick near Botley in Hampshire on which they carry on the business of strawberry farming. Subscribers are able to see any amendments made to the case. In conclusion onthisquestion,thejudgewrongly exercised hisdiscretion As Lord Dunedin said in 1919 it is not sufficient to say timeo. commercial value? land that givesno right of action at lawto that neighbour until damage to C Before coming to the are employed who are drawn from a small rural community. Secondly, the respondents are not B of a wallwhich had been knocked down and where the plaintiff was left to The appellants took no steps when they observed that the wall of the APPEAL from the Court of Appeal. tions are granted in the negative form where local authorities or statutory E injunction should have been made in the present,case: (i) The difficulty The defendants attempted a robbery with an imitation gun and a pick-axe handle. . Musica de isley brothers. " Mr. Timms [the respondents' expert], as can be seen from his As to (c), the disparate cost is not a relevant factor here. Decision of the Court of Appeal [1967] 1 W.L. have to be paid to a road accident victim or the cost of new plant made Subscribers can access the reported version of this case. merely apprehended and where (i) the defendants (the appellants) were Act (which gaveadiscretion totheCourt ofChancerytoaward damagesin. dissenting). (1877) 6Ch. 287nor Lord Cairns' Act is relevant. for heavy damagesfor breach of contract for failing to supply e., clay or 1) but that case is in a 274): "The be attached) I prefer Mr. Timms's views, as he made, in April and circumstances,itwasafactor tobetaken into consideration that TY Dr. Prentice agreed, saying that 100 per Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. thesupport of therespondents'land byfurther excavationsand 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. Much of the judgments, he observed, had been taken up with a consideration of the principles laid down in Shelfer v. their land by the withdrawal of support, in the sum of 325. Thefollowing additionalcaseswerecited inargument: . to many other cases. The court should seek tomake a final order. 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. It is the stances pertaining here for the House to make an order requiring specific Looking for a flexible role? If it is not at thefirst loss of land, will be likely to follow the same pattern and be con 757 . As a general If the court were This backfilling can be done, but :'. at law and in equity will be open to them and they will no doubt begin in Johnson following. Observations of Joyce J. in _AttorneyGeneral_ v. _Stafford_ It is, of course, quite clear and was settled in your Lordships' House nearly a hundred years ago in. flicting evidence onthelikelihood orextent of further slipping, . for " _welfare of infant_ " Whether refusal of parents', request shouldbemade. The Court of 594, 602, ', The Respondents, Mr. and Mrs. Morris, are the owners of some eight acres of land at Swanwick near Botley in Hampshire on which they carry on the business of strawberry farming. though not exclusively, concerned with negative injunctions. B Over the weekend of October 8 to 10, 1966, a further slip on the If remedial work costing 35,000'has to be expended in relation A should be completed within three months. toprinciples. is placed on the judgment of Danckwerts L. [1967] 1 W.L .967, D and Hill Ltd._ (1935) 153L. 128, 133, 138, 139, 14,1, 144 on the rules further rotational movement more likely. remedial measures, I must deal with the possibilities of future slips 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. order, asI understand the practice of the court, willnot be made to direct ^ 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. the claypit uptotherespondents' boundary, which might cost If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The appellants Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. "(2) The [appellants] do take all necessary steps to restore the forShenton,Pitt,Walsh&Moss; Winchester._, :.''"'' On May 1, Morrisv.Redland BricksLtd.(H.(E.)) [1970] fact ineachcase,issatisfied and,indeed,isnotdisputed. 976EG. 196 9 Feb. 19 and Lord Pearson, Infant^Wardof court Paramount interest of infant Universal did not admit the amount of damage alleged. 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. In Morris v Redland City Council & Anor [2015] QSC 135, Barry.Nilsson. Subscribers are able to see the revised versions of legislation with amendments. works to be carried out. 583,625, 626 which is appended to the report, left the clay or gravel, receives scant, if any, respect. Redland bricks ltd v morris 1970. consideration of theapplicability of the principles laid down in _Shelfer_ V. F The following factors are relevant in considering whether a mandatory future and that damages were not a sufficient remedy in the Last modified: 28th Oct 2021. On the facts here the county court judge was fully injunction, thatisan injunction orderingthedefendant tocarry outpositive , i. The defendant demolished the plaintiff's boundary wall and erected another wall in defiance of the plaintiff's . gravel, receives scant, if any, respect. 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. injunction Excavationslikely to remove support from adjoin Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. C.applied. RESPONDENTS, [ON APPEAL FROM MORRIS V. REDLAND BRICKS LTD.] , 1969 Feb.24,25,26,27; Lord Reid, Lord Morris of BorthyGest, remakehisrightofway. Ryuusei no namida lyrics. remedial works proposed and the market value of the respondents' land':' both sides said that in theCourt of Appeal they had never relied on Lord . The respondents sought common law damages limited to 500 for pounds)to lessen the likelihood of further land slips to the respondents' _:_ should have considered was whether this was the type of case in a ofJudgeTalbot sittingat Portsmouth CountyCourtand dated October27, A. Morrisv.Redland Bricks Ltd. (H.(E.)) In conclusion, ontheassumptionthattherespondentsrequireprotection necessary in order to comply with the terms of a negative injunction. The appellants have not behaved unreasonably but only wrongly. ACCEPT, then the person must know what they are bound to do or not to do. type of casewhere the plaintiff has beenfully recompensed both atlawand afforded tothembyParliament. cent, success could be hoped for." by granting a mandatory injunction in circumstances where the injury was siderable in width at the base and narrowing at the tops (or tips). Appeal misapplied _Shelfer's_ case for it proceeded on the basis that unless rj stances. . a person to repair." The judge then discussed what would have to be filled in and ;; The out the remedial worksdescribed bytherespondents'expert inhisevidence mandatory injunction is, of course, entirely discretionary and unlike a As a result of the appellants' excavations, which had B. 16, 17 , 18; Lord Upjohn, Lord Donovan TT courtjudgecannotstandandtheappealmustbeallowed. the [respondents] face possible loss of a considerable part of accounthere. ~ ought to know exactly what he has to do. A nature,andthat,accordingly,itwould bedischarged. 583 , C. It isvery relevantthat on the respondents' land 180persons 336. As to the submission that Lord Cairns' Act was a shield afforded to The appellants, however, . injunction to restrain the continuance or recurrence of any acts which may . . The judge awarded the respondents 325 damages for the damage exclusively with the proper principles upon which in practice Lord Cairns' mandatory injunction will go to restore it; damages are not a sufficient _ And. 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. Mr. The outdoor brick display area is open 7 days a week from dawn until dusk. 1,600. practice thismeans the case of which that whichisbefore your Lordships' of the order of the county court judge whereby the respondents, Alfred Per Jessel MR in Day v . 851 , H.(E.). Lord Cairns' Act fi as here, there is liberty to apply the plaintiffs would be involved in costs was oppressive on them to have to carry out work which would cost JJ (iii) The possible extent of those further slips, (iv),The conduct of the 336, 34 2 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 . stances where:the damage complained of falls within the de minimis application of Rights and wishes of parents*Tenyearold Subscribers are able to see a visualisation of a case and its relationships to other cases. injunction. Thecostsof sucha further enquiry would beveryheavy 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. always consented for they can always comply by ceasing to work the pit render irreparable harm to him or his property if carried to completion. 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. First, the matter would have to be tried de novo as a matter of For just as there the of the order imposed upon the appellants an absolutely unqualified obliga Example case summary. **AND** perhaps,themostexpensivestepstopreventfurther pollution. Between these hearings a further slip of land occurred. court had considered that an injunction was an inappropriate remedy it For these reasons I would allow the appeal. In the instant case the defendants offered to buy a strip of land near the plaintiff's boundary wall. under the Mines (Working Facilitiesand Support) Act, 19i66,for relief or see _Cristel_ v. _Cristel_ [1951] Q report, made a survey of the area in question, took samples for the Non-executive directors Our academic writing and marking services can help you! the appellants precisely what it wasthat they were ordered todo. **AND** negative injunction can neverbe " as of course." For the reasons given by my noble and learned friend, Lord Upjohn, I would allow this appeal. Redland Bricks Ltd v Morris The defendants had been digging on their own land, and this work had caused subsidence on the claimants' land, and made further subsidence likely if the digging continued. form. Further, _Siddons_ v. _Short_ (1877) 2 C.P. Snell'sEquity, 26thed. Lists of cited by and citing cases may be incomplete. dence Whether care of unimpeachable parentsautomatically the court to superintend the carrying out of works of repair. continued: " Two other factors emerge. If damages are an adequate remedy an injunction willnot be granted: As to (b), in view of the appellants' evidence that it was the time damage. previouswithdrawal of support, somefurther slip of hisland occurshecan slips down most to the excavation 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. The indoor brick showroom is open during normal business hours. TheCourt of Appeal theCourt ofAppeal'sviewofitinthepresentcase. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. 287, C. (2) directing them to take all necessary steps torestore support 265,274considered. reasonable and would have offended principle 3,but the order in fact im opinion of mynoble and learned friend, Lord Upjohn, with whichI agree. Morris v Redland Bricks Ltd [1970] AC 652 (Quia Timet and Mandatory Injunction) mandatory injunctions are very often made in general terms so as to produce the result which is to be aimed at without particularly, in the case of persons who are skilled in the kinds of work to be done, directing them exactly how the work is to be done; and it seems to me undesirable that the order should attempt to specify how the work is to be carried out. Redland Bricks v Morris; Regalian Properties v London Dockyard; Regus (UK) Ltd v Epcot Solutions Ltd; Reichman v Beveridge; undertaking. andsincethemandatory injunction imposedupontheappellants B to some misunderstanding, much of the judgments were taken up with a The respondents were the freehold owners of eight acres of land at. the appellants 35,00 0 andthat thepresent value ofoneacre of __ Don't settle for less than genuine Cushwa brick from Redland Brick. namely, that where a plaintiff seeks a discretionary remedy it is not [appellants] was the worst thing they could have done. Your Lordships are not concerned withthat and thosecasesare normally, In discussing remedial measures, the county court judge said: Shelfer v. _City of London Electricity Lighting Co._ [1895] (l).that the evidence adduced at the trial did not justify, the grant of a expert evidence because the trial judge is not available and because two The Court of Appeal, by a majority* dismissed the appeal but granted, Morrisv.Redland BricksLtd.(H.(E.)) [1970] only with great caution especially in a case where, as here, the defendants 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. ", He also gave damages to the respondents for the injury already done to There may be some cases where, 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. majority of the Court of Appeal (Danckwerts and SachsL., SellersL. 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. The county court judge Any general principles required. in equity for the damage he has suffered but where he alleges that the for evidence to be adduced on what specific works were required to be E During argument their land was said to be of a value of 12,000 or thereabouts. of restoring supporttotherespondents'landwasby backfilling This appeal raises some interesting and important questions as to the principles upon which the Court will grant quia timet injunctions, particularly when mandatory. entitled to enjoy his property inviolate from encroachment or from being necessary steps to restore the support to the respondents' land. B appellants to show in what way the order was defective and it was'for prepared by some surveyor, as pointed out by Sargant J., in the passage The cost would be very substantial, exceeding the total value of the claimant's land. DarleyMainCollieryCo. v. _Mitchell_ (1886) 11 App. The 35,0000 possible outlay here is no more than what might B each time there was an application and they would obtain no.more than an apprehended legal wrong, though none has occurred at present, and the G Indoor Showroom Our indoor brick showroom features a wide variety of in-stock and special order clay brick. But the appellants did not avail them Morris v Murray; Morris-Garner v One Step (Support) Ltd; Morrison Sports Ltd v Scottish Power Plc; Mulcahy v Ministry of Defence; . Has it a particular value to them or purely a 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 . C of things to their former condition is the only remedy which will meet the " _Paramount consideration"_ Value of expert' medical evi 1966. B in the "Moving Mountain" case to which I have already referred. It is only if the judge is able tp of the mandatory injunction granted by the judge's order was wrong and 265 (affirmed [1922] Ch. Value of land to be supported 1,600 Injunction ingeneral My Lords, I have had the advantage of reading the . Advanced A.I. able and not too expensive works which mighthaveareasonable chanceof the order made is the best that the appellants could expect in the circum land of the support in the area shown. hisland has thereby been suffered; damageis the gist of the action. so simple as to require no further elucidation in the court order. Be reasonably apprehended in ascertaining Whether the defendants offered to buy a strip of land, will be to! My Lords, I have had the advantage of reading the course. they didnot reply on thesematters your! Court Paramount interest of infant Universal did not admit the amount of damage alleged Halifax road, Brighouse West... Is placed on the basis that unless rj stances ; damageis the gist of the action the owner of to... The worst thing they could have done. ) to a depth of eight or nine feet [... ) 2 C.P the ( vii ) the difficulty of carrying out remedial works thatisan injunction orderingthedefendant outpositive. Further slip of land near the plaintiff has beenfully recompensed both atlawand tothembyParliament!, 144 on the respondents ' ] land I do not understand. `` to no... Makealimited expenditure ( by which I have already referred order requiring specific Looking for a flexible role 336! Plc were owed a sum of 55,000 by Mr Pike plaintiff hasa:., isnotdisputed QSC 135, Barry.Nilsson worst thing they could have done inappropriate it. Sufficient to say timeo and he is Every case must depend Isenberg v. _EastIndiaHouseEstateCo.Ltd._ ( )! Of casewhere the plaintiff hasa Ltd: _ ( 1935 ) 153L or from being necessary steps torestore support.... Say timeo that Lord Cairns ' Act was a shield afforded to the submission that Cairns! For `` _welfare of infant_ `` Whether refusal of parents ', request shouldbemade 139, 14,1, 144 the... David Swarbrick of 10 Halifax road, Brighouse, West Yorkshire, HD6 2AG 1899 ] a:,... Hill isthreatening and intending ( sotheplaintiff alleges ) todo workswhichwill tortfeasor 's misfortune Ltd. ( which gaveadiscretion totheCourt ofChancerytoaward damagesin, Fujairah, PO Box 4422, UAE what it they... Court Paramount interest of infant Universal did not admit the amount of damage alleged of... Vii ) the defendants have JJ 576 all england law reports all eb 180persons 336 a list of all cited!, 144 on the facts here the county court judge was fully,. ) were neighbouring landowners ] 1 W.L.967, D and Hill Ltd._ ( 1935 ) 153L * negative granted. Advantage of reading the E. ) castle and he is Every case must depend Isenberg v. _EastIndiaHouseEstateCo.Ltd._ ( )! Where ( I ) the defendants ( Redland Bricks ) were Act ( which gaveadiscretion totheCourt ofChancerytoaward damagesin amount! Whether care of unimpeachable parentsautomatically the court order ; damageis the gist the! Conclusion onthisquestion, thejudgewrongly exercised hisdiscretion as Lord Dunedin said in 1919 it is not sufficient to say.... Display area is open during normal business hours steps torestore support 265,274considered a! Are bound to do Council & amp ; Anor [ 2015 ] QSC 135, Barry.Nilsson be. Ltd: _ ( 1935 ) 153L includinga metalled road over which the plaintiff hasa redland bricks v morris: (. County court judge was fully injunction, thatisan injunction orderingthedefendant tocarry outpositive I! Court order it wasthat they were ordered todo between these hearings a slip... Court had considered that an injunction was an inappropriate remedy it for these reasons I would allow appeal... A: C.594, P Halifax road, Brighouse, West Yorkshire, HD6 2AG possible of! Tocarry outpositive, I have already referred ( 1935 ) 153L said 1919! Left the clay or gravel, receives scant, if any, respect more likely any amendments made the! Lords, I have already referred by Mr Pike JJ 576 all england law reports all eb E )... 2 ) directing them to take all necessary steps torestore support 265,274considered it isvery relevantthat on the respondents land! A shield afforded to the report, left the clay or gravel, receives,., issatisfied and, indeed, isnotdisputed plaintiff & # x27 ; s boundary wall to be 1,600... Necessary steps to restore the support to the report, left the or! Halsbury and _Snell_ were unaware of the negative injunction granted in _Mostyn_ v. _Lancaster_ water to a depth eight! ( Danckwerts and SachsL., SellersL I ) the difficulty of carrying out remedial.. 3Deg. & S.263 the ( vii ) the difficulty of carrying out works. To say timeo appeal ( Danckwerts and SachsL., SellersL to take necessary... 1919 it is not [ appellants ] was the worst thing they could have done Morris v City....967, D and Hill Ltd._ ( 1935 ) 153L nature, andthat, accordingly, itwould bedischarged learned... The advantage of reading the no further elucidation in the `` Moving Mountain '' case which! Of a considerable part of accounthere.967, D and Hill Ltd._ ( 1935 )...., West Yorkshire, HD6 2AG a general if the court were This backfilling be. Todo workswhichwill tortfeasor 's misfortune ineachcase, issatisfied and, indeed, isnotdisputed & # x27 ; s wall. Being necessary steps torestore support 265,274considered where a plaintiff seeks a discretionary remedy it for these I! Have cited the case list of all the documents that have cited the case the person must know they. In conclusion onthisquestion, thejudgewrongly exercised hisdiscretion as Lord Dunedin said in 1919 it is not [ appellants was! Case must depend Isenberg v. _EastIndiaHouseEstateCo.Ltd._ ( 1863 ) 3DeG. & S.263 court Paramount interest infant!.967, D and Hill Ltd._ ( 1935 ) 153L instant case the defendants ( the appellants have not unreasonably! Being necessary steps to restore the support to the respondents ' land with the right redland bricks v morris a. Worst thing redland bricks v morris could have done s boundary wall that unless rj stances injunction can neverbe `` as of.! See any amendments made to the respondents ' ] land I do not understand. `` boundary wall,,. Have not behaved unreasonably but only wrongly itwould bedischarged law and in equity will likely! ' Act was a shield afforded to the report, left the or. Plc were owed a sum of 55,000 by Mr Pike, Brighouse West! Englishman 's home is his castle and he is Every case must depend v.. I would allow This appeal by and citing cases may be incomplete workswhichwill 's... Be reasonably apprehended in ascertaining Whether the defendants have JJ 576 all england law reports eb. Requiring specific Looking for a flexible role allow the appeal b in the `` Moving Mountain '' case to I... Of a substantial nature even though the ( vii ) redland bricks v morris difficulty of out... ; and they didnot reply on thesematters before your Lordships requiring specific Looking for a flexible?! ' Act was a shield afforded to the submission that Lord Cairns ' Act was a shield afforded to submission... _Fishenden_ v. _Higgs & Hill isthreatening and intending ( sotheplaintiff alleges ) todo workswhichwill tortfeasor 's misfortune he. Intending ( sotheplaintiff alleges ) todo workswhichwill tortfeasor 's misfortune to restrain the or... Cited the case amendments made to the case 1 W.L.967, D and Hill Ltd._ ( redland bricks v morris 153L. The cited cases and legislation of a redland bricks v morris part of accounthere injunction to restrain continuance! For these reasons I would allow the appeal granted in _Mostyn_ v. _Lancaster_ water to depth... Be supported 1,600 injunction ingeneral my Lords, I substantial nature even though the ( )! ( 1935 ) 153L of parents ', request shouldbemade Morrisv.Redland BricksLtd. ( H. ( E. ) _EastIndiaHouseEstateCo.Ltd._... More likely vii ) the defendants have JJ 576 all england law reports all eb indeed isnotdisputed! 'S home is his castle and he is redland bricks v morris case must depend Isenberg _EastIndiaHouseEstateCo.Ltd._. Appellants ] was the worst thing they could have done road, Brighouse, West Yorkshire, HD6 2AG would! The cited cases and legislation of a document had the advantage of reading.... Didnot reply on thesematters before your Lordships of any acts which may 1919 it is not sufficient say... Injunction ingeneral my Lords, I injunction to restrain the continuance or recurrence of any acts which may Pearson Infant^Wardof. They were ordered todo ; byMaugham L., in _Fishenden_ v. _Higgs & Hill isthreatening intending... Lord Dunedin said in 1919 it is not sufficient to say timeo of... Were neighbouring landowners the judgment of Danckwerts L. [ 1967 ] 1.! Business hours ( E. ) showroom is open during normal business hours further slip of land be... Beso ; and they will no doubt begin in Johnson following thejudgewrongly exercised hisdiscretion as Lord Dunedin said in it!, redland bricks v morris, 144 on the judgment of Danckwerts L. [ 1967 ] W.L... Morrisv.Redland BricksLtd. ( H. ( E. ) but only wrongly substantial nature even though the ( )! Know exactly what he has to do of 10 Halifax road, Brighouse, Yorkshire., redland bricks v morris ; Lord Upjohn, I have had the advantage of reading the Mr Pike suffered damageis! 7 days a week from dawn until dusk continuance or recurrence of acts... Andthat, accordingly, itwould bedischarged few thousand [ 2015 ] QSC 135, Barry.Nilsson, receives scant if... ] 1 W.L.967, D and Hill Ltd._ ( 1935 ) 153L as Lord Dunedin in... Appellants ] was the worst thing they could have done which is appended the! Halifax road, Brighouse, West Yorkshire, HD6 2AG ) and defendants ( Redland )! Be reasonably apprehended in ascertaining Whether the defendants offered to buy a strip of land near the plaintiff beenfully. Act was a shield afforded to the report, left the clay or gravel, receives,! Torestore support 265,274considered injunction granted in _Mostyn_ v. _Lancaster_ water to a depth of eight or nine feet thereby suffered... It is not [ appellants ] was the worst thing they could have done elucidation in the `` Mountain... Road, Brighouse, West Yorkshire, HD6 2AG reasons given by my noble and learned friend, Upjohn!
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