CiteTEXT
...issues collateral to the issue to be decided. This is an argument which has long exercised the courts (see Metropolitan Asylum District Managers..., Metropolitan Asylum District Managers v Hill (1882) 47 LT 29. That decision, he submitted, sup.... The civil cases44. Metropolitan Asylum District Managers v Hill...
...conferring powers affords an importantindication that the Act was not intended to authorise interference withprivate rights; see Metropolitan Asylum District v. Hill (1881) 6 App. Cas...words or by necessaryimplication: Managers of Metropolitan Asylum District v. Hill (1881) 6App. Cas. 193, per Lord Blackburn at p.208. I cannot, however, findany necessary implication...rights: (The MetropolitanAsylum District v. Hill (1881) 6 App. Cas. 193). What then is the scope of the statutory authority conferred in this case?The Act was a private...
...to the issue to be decided. This is an argument which has long exercised the courts (see Metropolitan Asylum District Managers v Hill (1882) 47 LT 29, 31...Metropolitan Asylum District Managers v Hill (1882) 47 LT 29, 31 per Lord O'Hagan) and it is often a potent argument, particularly where trial is by jury. Secondly, and again...
...for the purpose not contemplated by the statute, then reliance is placed on the observations of Lord Watson in Metropolitan Asylum District v. Hill (1881) 6 App Cas. 193, 213...
...&c v Misa 1875 [1874-75] LR 10 EX 153, Metropolitan Asylum District Managers v Hill (No 2) (1881) 6 App.Cas. 193, Fielding and...
...decided. This is an argument which has long exercised the courts (see Metropolitan Asylum District Managers v Hill (1882) 47 LT 29, 31 per Lord O'Hagan) and...
...-75] LR 10 EX 153, Metropolitan Asylum District Managers v Hill (No 2) (1881) 6 App.Cas. 193, Fielding and Platt Ltd v Selim...
...long exercised the courts (see Metropolitan Asylum District Managers v Hill (1882) 47 LT 29, 31, per Lord O'Hagan) and it is often a...trees. He added that the judge would have well in mind the considerations which concerned the House of Lords in Metropolitan Asylum District Managers v.... 16. There was support for some of these points in the form of two reports commissioned from an expert in phonetics by Metropolitan Police Professional Standards in November 2013 for the...
...and Metropolitan Asylum District v Hill 1891 6 App. Cas 193 were further decisions in which statutory authority or immunity were confirmed as possible defences to any common law...negligence in the past discharge of statutory functions. The approach taken by the House of Lords in Caledonian Railway, Hanley, Allen, Metropolitan Asylum and Marcic is in my view difficult or impossible to...
...: Metropolitan Asylum District v Hill (1881) 6 App. Cas. 193." The mistake in the appellants' reasoning has been to tre...a public highway without encountering artificial hazards is any less a private right than the rights at issue in Metropolitan Asylum District v...existence and was not determined at the trial. 5. It was also agreed that a common law claim may be brought. In Sadler v The South Staffordshire and Birmingham District...
..., extinguishing the right to a remedy at common law (see Managers of the Metropolitan Asylum District v Frederick Hill and Others, Executors, & C. William Lund and Alfred Fripp...being set aside. I do not believe that there was any difference between Mr Margolin and Ms Clarke on this point. Ms Clarke's arguments based on the Managers of the Metropolitan Asylum District case seem...Fraser v Evans [1969] 1 QB 349, Malone v Metropolitan Police Commissioner [1979] Ch 344...
...) (ii) Metropolitan Asylum District v Hill (1880) LR 6 App Cas 19339. Under the Metropolitan Poor Act 1867, the...modern context, with the Metropolitan Asylum case, where the duty imposed on the authorities to provide hospitals for infectious diseases provided no defence to an action for nuisance, notwithstanding...granted by the district council in April 1980. Tipping on the first part, Westmill 1, began in 1984, and seems to have continued without controversy until spring 2004, when it stopped receiving waste...
...any unfair prejudice to the party against whom it is directed. It would not have done so in Metropolitan Asylum District Managers v Hill. It may...evidence in Metropolitan Asylum District Managers v Hill.57. For these reasons I would reject the appellant's submission...Steyn, Hope of Craighead and Hutton in Three Rivers District Council v Bank of England. It is true that in most of them the decision in question was not that of a court, but of...
...of Lords in Metropolitan Asylum District Managers v Hill (1882) 47 LT 29. 52. In that case the House of Lords showed itself conscious of...the Metropolitan Police (CAT 10th February 1993) which postdated P. This was also an action against police officers for malicious prosecution. A judge had refused to order specific discovery...
...from action is withheld where the terms of the statute are permissive only, in which case the powers conferred must be exercised in strict conformity with private rights: Metropolitan Asylum District v...Midwood & Co. Ltd. v. Manchester Corporation [1905] 2 K.B. 597; Longhurst v. Metropolitan Water...…”70 In Jones v Llanrwst Urban District Council [1911] 1 Ch 393 Parker J. distinguished Glossop in holding a local authority responsible for...
...result of that performance (see, e.g., Romer L.J. in the Pride of Derby case at p. 193 and Lord Watson in Metropolitan Asylum District v...Giblin v. Middle Ward District Committee of Lanarkshire County Council 1927 S.L.T...sewage and drainage system which is adequate at the time to dispose of the sewage and surface water for their district, but which subsequently becomes indequate owing to increased building which they...
...is not construed as depriving individuals of their rights unless it does so expressly or by necessary implication. As Lord Blackburn said in Metropolitan Asylum District v..., Metropolitan Asylum District v Hill...necessary for effectually draining their district (section 15). Section 17 made it clear that the Act did not authorise the discharge of untreated sewage into watercourses. It provided...
...(see Managers of the Metropolitan Asylum District v Frederick Hill and Others, Executors, & C. William Lund and Alfred Fripp (1881) 6 App Cas 193 at 203...that there was any difference between Mr Margolin and Ms Clarke on this point. Ms Clarke's arguments based on the Managers of the Metropolitan Asylum District case seem to me logically to apply to an...] 1 QB 349, Malone v Metropolitan Police Commissioner [1979] Ch 344, Attorney-General v...
...House of Lords in Metropolitan Asylum District Managers v Hill (1882) 47 LT 29. 52. In that case the House of Lords showed itself...Commissioner of the Metropolitan Police (CAT 10th February 1993) which postdated P. This was also an action against police officers for malicious prosecution. A judge had refused to order specific...
...exercised the courts (see Metropolitan Asylum District Managers v Hill (1882) 47 LT 29, 31, per Lord O'Hagan) and it is often a potent argument, particularly...Coroner for Inner London West District ex parte Dallaglio [1994] 4 All ER 139 at 162 and R v Coroner for Northumbershire and Scunthorpe, ex...Bingham MR in R v Coroner for Inner London West District ex parte Dallaglio [1994] 4 All ER 139 at 162 which description included the...