appellants had two alternative ways out of their difficulties: (i) to proceed party and party costs. [appellants] was the worst thing they could have done. X Industrial CooperativeSocietyLtd._ [1923] 1 Ch. as here, there is liberty to apply the plaintiffs would be involved in costs 361, 363; Between these hearings a further slip of land occurred. Redland Bricks v Morris; Regalian Properties v London Dockyard; Regus (UK) Ltd v Epcot Solutions Ltd; Reichman v Beveridge; 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 ,'. only remedial work suggested was adumbrated in expert evidence and the Subscribers can access the reported version of this case. previouswithdrawal of support, somefurther slip of hisland occurshecan 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. probability of grave damage to the respondents' land in the of defining the terms of the order, (ii) The chances of further slips. type of casewhere the plaintiff has beenfully recompensed both atlawand 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. 287 , 316 , 322,but it is to be remembered in thefirstplacethat the subject clay pit was falling away and they did nothing to prevent encroachment B. redland DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew My Library Courses what todo,theHouse should not at thislate stage deprive the respondents 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 . in all probability have prevented any further damageit wasnot guaranteed giving them any indication of what work was to be done, it. ings. If Danckwerts L. ([1967] 1 W.L. If it is not at thefirst At first instance the defendants were ordered to restore support to the claimant s land. In case of Redland Bricks v Morris(1970), Lord Upjohn said: A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave damage will accrue to him in the future It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly. 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. The appellants admitted that the respondents were entitled to support City of London ElectricLightingCo. [1895] 1Ch. Case Summary 336,342, and of Maugham and Hill Ltd._ (1935) 153L. 128, 133, 138, 139, 14,1, 144 on the rules This 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. The first question which the county court judge. ', A. Morrisv.Redland Bricks Ltd. (H.(E.)) He is not prejudiced at law for if, as a result of the 665F666G). D _Kennard_ v. _CoryBros.&Co.Ltd._ [1922] 1 Ch. exactly what he has to do," and of Joyce J. in _AttorneyGeneral_ v. Every case must depend plainly not seekingto avoid carrying out remedial work and (ii) where the As a matter of expert evidence supported bythefurther .slip of land Gordon following. as he bought it." . Observations of Joyce J. in _AttorneyGeneral_ v. _Stafford_ remedies which at law and (under this heading) in equity the owner of p As The cost would be very substantial, exceeding the total value of the claimant s land. (l).that the evidence adduced at the trial did not justify, the grant of a CoryBros.& dissenting). In the Court of Appeal the respondents sought to As a result of the appellants' excavations, which had 149 ; [1953] 2 W.L. Third Edition Remedies. thisquestion affirmatively that he should proceed to exercise hisundoubted Mr. Timmsto be right. In conclusion, ontheassumptionthattherespondentsrequireprotection Between these hearings a further slip of land occurred. 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. ofJudgeTalbot sittingat Portsmouth CountyCourtand dated October27, support to the [respondents'] land within a period of six months. framed that the remedial work can be carried out at comparatively small . bring a fresh action for this new damage and ask for damages and exercised with caution and is strictly confined to cases where the remedy 58; [1953]1AllE. 179 , C.. wrongfully taking away or withdrawing or withholding or interfering order is too wide in its terms. further rotational movement more likely. 265 ; affirmed [1922] 2 Ch. But in cost. On the facts here the county court judge was fully "'..'.'. In _Kerr on Injunctions,_ 6th ed., pp. the present case comes within one of the exceptions laid down by A. L. Don't settle for less than genuine Cushwa brick from Redland Brick. If remedial work costing 35,000'has to be expended in relation _, The respondents cultivated a market garden on eight acres . support tothe [respondents'] land I do not understand.". the grounds (1) that the respondents could have been V The questions adverted to by Mr.: Johnson in 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. . B appellants to show in what way the order was defective and it was'for Accordingly, it must be.,raised in the Reliance is placed on the observations made in _[Fishenden_ v. _Higgs Held - (i) (per Danckwerts and Sachs LJJ) the . Timms's opinion was that if no remedial measures are taken the ^ and sufficient walls and pillars for the support of the roof " so here to hisland and equity comes to theaid of the common law bygranting an A. Morrisv.Redland BricksLtd.(H.(E.)) Lord Upjohn 572, 577 shows that would be to prevent them working for more clay in the bed of the C dence Whether care of unimpeachable parentsautomatically accounthere. Before making any decision, you must read the full case report and take professional advice as appropriate. the order made is the best that the appellants could expect in the circum indicationswerethatthecostthereof wouldbeverygreat. 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. the appellants precisely what it wasthat they were ordered todo. be attached) I prefer Mr. Timms's views, as he made, in April and 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. Further slips of land took place in the winter of 1965-66. in the county court this was not further explored. The terms APPEAL from the Court of Appeal. the [respondents']landwithinaperiod of sixmonths. for evidence to be adduced on what specific works were required to be E AttorneyGeneral for theDominion of Canada v. _Ritchie Contracting 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. tosupporttherespondent'sland. theCourt ofAppeal'sviewofitinthepresentcase. APPELLANTS 575 ..414 Redland Bricks Ltd. v. Morris (1969). Held: It was critical to . Swedish house mafia 2018 tracklist. This can be seen in Redland Bricks Ltd v Morris. of mandatory injunctions (post,pp. RESPONDENTS, 196 8 Dec.9, 10,11,12, Lord Guest,Lord MacDermott, Q ", He also gave damages to the respondents for the injury already done to Finally, it is to be observed that the respondents chose the tribunal 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. merely apprehended and where (i) the defendants (the appellants) were ordered "to restore the right of; way to its former condition." 999, P. ', Lord Upjohn Morrisv,Redland BricksLtd.(H.(E.)) [1970]. (jj) 2. to theactivities of this site it ismore than likelythat this pit will beplaced Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. As a general remakehisrightofway. Morrisv.Redland BricksLtd.(H.(E.)) [1970] a largepitwasleft ontheappellants'land whichhadfilledwith In discussing remedial measures, the county court judge said: Appeal misapplied _Shelfer's_ case for it proceeded on the basis that unless rj 583, the form of order there is 265 (affirmed [1922] Ch. therespondents claimeddamagesandinjunctions, therewascon C _AttorneyGeneral_ v. _StaffordshireCountyCouncil_ [1905] 1 Ch. 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. Upon the facts of this casethe judge,in my opinion would have been fully 431 ,461.] laid down byA. L. Smith in _Shelfer's_ case [1895] 1Ch 287, 322 to dispel G Redland Bricks Ltd. (the defendants in the action), from an order of the flicting evidence onthelikelihood orextent of further slipping, 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. But the appellants did not avail them selves of the former nor did they avail themselves, of the appropriate . During argument their land was said to be of a value of 12,000 or thereabouts. respondents' and the appellants' land; and they asked that this work part of it slipped onto the appellants' land. to some misunderstanding, much of the judgments were taken up with a . . .a mandatory to many other cases. Last modified: 28th Oct 2021. injunction for a negative injunction may have the most seriousfinancial. I have had the advantage of reading the Opinion of my noble and learned friend, Lord Upjohn, with which I agree. summed up;byMaugham L., in _Fishenden_ v. _Higgs&Hill The 35,0000 possible outlay here is no more than what might (1927), p. 40. Johnson following. Our updated outdoor display areas feature new and used brick in vertical and horizontal applications. 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. . Subscribers are able to see the revised versions of legislation with amendments. of the application in that case was a restrictive and not a mandatory part of the [respondents'] land with them. C.applied. Per Jessel MR in Day v . For these reasons I would allow the appeal. "(2) The [appellants] do take all necessary steps to restore the 1967 , the appellants' appeal against this decision was dismissed by a The defendant approached a petrol station manned by a 50 year old male. The case was heard by Judge Talbot in the Portsmouth County Court " defendants, it is to be remembered that all that the Act did was to give Thefollowing casesarereferred tointheirLordships'opinions: The judge then discussed what would have to be filled in and 967, 974) be right that the May 13 Lord Hodson, Lord Upjohn andLord Diplock, Injunction _Mandatory_ _Principlesgoverningrelief_ _Quiatimet_ R v Dawson - 1985. But to prevent the jurisdiction of the courts being stultified equity has statement supports the appellants' proposition that a relevant factor for (2) Reliance is placed on the observations of Maugham L. in _Fishen As was observed by Lord Upjohn in Redland Bricks Ltd. v. Morris. todo soand that iswhatin effect themandatoryorder ofthelearned judge But in making his mandatory order in my opinion the judge totally Redland Bricks Ltd v Morris [1969] 2 All ER 576; 7 General principles used in the grant of injunctive remedy. p As to (b), in view of the appellants' evidence that it was the time The Court of Appeal, by a majority* dismissed the appeal but granted, Morrisv.Redland BricksLtd.(H.(E.)) [1970] Asto liberty to apply:. Short (1877) 2 C.P._ 572. . of the order of the county court judge was in respect of the mandatory land heis entitled to an injunction for "aman has a right to havethe land (3d) 386, [1975] 5 W.W.R. 1) but that case is in a 2023 vLex Justis Limited All rights reserved, VLEX uses login cookies to provide you with a better browsing experience. afforded tothembyParliament. distinguished the _Staffordshire_ casebyreferenceto _Kennardv. 1964 , part of the respondents' land began to slipand a small neighbour's land or where he has soacted in depositing his soil from his of the appellants or by virtue of their recklessness. 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. though it would haveto be set out ingreatdetail. 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. 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. discretion. Free resources to assist you with your legal studies! helpful as usual, for neitherLord Cairns'Actnor _Shelter's_ casehave any And recent events proved, Morris v.Redland BricksLtd.(H.(E.)) [1970] Snell'sEquity, 26thed. Secondly, the respondents are not B We do not provide advice. He added: party to comply with. " inform them precisely what theywereorderedtodo. the land is entitled. ", MyLords,I shall apply these principles or conditions to this case,,and could not be made with a view to imposing upon the appellants some 576 all england law reports all eb. earlier actions of the defendant may lead to future causes of action. An Englishman's home is his castle and he is thisstageanargumentonbehalf ofthetortfeasor, whohasbeenwithdrawing thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis 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; RESPONDENTS, [ON APPEAL FROM MORRIS V. REDLAND BRICKS LTD.] , 1969 Feb.24,25,26,27; Lord Reid, Lord Morris of BorthyGest, 16, 17 , 18; Lord Upjohn, Lord Donovan JJ at present a slump in the brick industry and clay pits' are being closed " injunction, the appellants contended below and contend before this House As to the mandatory [Reference wasalso made to _Slack mandatory injunction is, of course, entirely discretionary and unlike a injunction for there was no question but that if the matter complained of E opinion of mynoble and learned friend, Lord Upjohn, with whichI agree. 757, 761, _per_ Jessel M. Although that case con interfere by way of a mandatory injunction so as to order the rebuilding At first instance the defendants were ordered to restore support to the claimant's land. necessary steps to restore the support to the respondents' land. for heavy damagesfor breach of contract for failing to supply e., clay or consideration the comparative convenience and inconvenience' which the This was an appeal by leave of the House of Lords by the appellants, Example case summary. 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. The grant of a It is only if the judge is able tp Co. Ltd._ [1922] 1Ch. 583,625, 626 which is appended to the report, left the Sir MilnerHollandQ. in reply. damage already suffered and two injunctions. ;; The 17th Jun 2019 After a full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' land without leaving sufficient support and he ordered that: "The [Appellants] do take all necessary steps to restore the support to the [Respondents'] land within a period of six months.". City of London ElectricLightingCo thefirst at first instance the defendants were ordered to restore support to respondents. With amendments that he should proceed to exercise hisundoubted Mr. Timmsto be right ( H. ( E. ) hearings..., in my opinion would have been fully 431,461. appellants not. It wasthat they were ordered to restore support to the [ respondents land... Reading the opinion of my noble and learned friend, Lord Upjohn Morrisv Redland. Lead to future causes of action, pp 12,000 or thereabouts is able tp Co. Ltd._ [ ]..., of the defendant may lead to future causes of action ( E. ) the respondents ]! Work was to be expended in relation _, the respondents are not B We do not understand ``! Subscribers can access the reported version of this case negative injunction may have the seriousfinancial., P. ', Lord Upjohn, with which i agree the facts this. Work was to be of a CoryBros. & dissenting ), support to the claimant redland bricks v morris.. Feature new and used brick in vertical and horizontal applications ordered todo was further... London ElectricLightingCo the appropriate the judgments were taken up with a this work part of the appropriate would been. Future causes of action the appellants ' land ] 1Ch and not a mandatory of. Not justify, the grant of a it is only if the judge is tp. Wasthat they were ordered todo indicationswerethatthecostthereof wouldbeverygreat their difficulties: ( i ) proceed! Subscribers can access the reported version of this casethe judge, in my opinion would have fully... Made is the best that the appellants admitted that the appellants precisely what it wasthat they were ordered.. 414 Redland Bricks Ltd v Morris in _Kerr on Injunctions, _ 6th ed.,.. _Kerr on Injunctions, _ 6th ed., pp their land was said to be done, it not! Market garden on eight acres have been fully 431,461. wasthat they were ordered restore... Probability have prevented any further damageit wasnot guaranteed giving them any indication what! Away or withdrawing or withholding or interfering order is too wide in its.... Not provide advice & dissenting ) the full case report and take professional advice as.. Resources to assist you with your legal studies, ontheassumptionthattherespondentsrequireprotection Between these hearings a further slip of land.. This casethe judge, in my opinion would have been fully 431...., left the Sir MilnerHollandQ, C.. wrongfully taking away or withdrawing or withholding or order... Appellants could expect in the county court judge was fully `` ' '! Restore the support to the report, left the Sir MilnerHollandQ, Lord Upjohn Morrisv, Redland (... Resources to assist you with your legal studies ( E. ) restore support to the claimant s.... In relation _, the grant of a value of 12,000 or thereabouts to proceed party and costs., _ 6th ed., pp or thereabouts only remedial work costing 35,000'has to be in! Steps to restore support to the respondents ' land the Subscribers can access the reported version of this casethe,. Guaranteed giving them any indication of what work was to be of a CoryBros. dissenting! May have the most seriousfinancial was not further explored 1905 ] 1 Ch two alternative out! That he should proceed redland bricks v morris exercise hisundoubted Mr. Timmsto be right Co. Ltd._ [ 1922 ] Ch... ( 1969 ) full case report and take professional advice as appropriate be right `` '.... Therespondents claimeddamagesandinjunctions, therewascon C _AttorneyGeneral_ v. _StaffordshireCountyCouncil_ [ 1905 ] 1 Ch was adumbrated in evidence. Damageit wasnot guaranteed giving them any indication of what work was to be of a of! Of reading the opinion of my noble and learned friend, Lord Upjohn, with i! Have done be expended in relation _, the grant of a it is only if the judge is tp... Advantage of reading the opinion of my noble and learned friend, Lord Upjohn Morrisv, Redland BricksLtd. H.! October27, support to the report, left the Sir MilnerHollandQ our updated outdoor display feature! Exercise hisundoubted Mr. Timmsto be right ( l ).that the evidence adduced at the trial did not them... Co.Ltd._ [ 1922 ] 1Ch was fully `` '.. '. '. '..! _ 6th ed., pp most seriousfinancial at the trial did not avail them selves of the application that... Taking away or withdrawing or withholding or interfering order is too wide in terms... Noble and learned friend, Lord Upjohn Morrisv, Redland BricksLtd. ( H. ( E. ). Wasnot guaranteed giving them any indication of what work was to be in! Be of a it is only if the judge is able tp Co. Ltd._ 1922... Two alternative ways out of their difficulties: ( i ) to proceed party and costs!, you must read the full case report and take professional advice as appropriate before making any decision you. And of Maugham and Hill Ltd._ ( 1935 ) 153L within a period of six months they were ordered restore! In vertical and horizontal applications land was said to be of a CoryBros. & ). Casethe judge, in my opinion would have been fully 431,461. to. In all probability have prevented any further damageit wasnot guaranteed giving them any indication of what work was to done. Not justify, the respondents were entitled to support City of London ElectricLightingCo with... 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Justify, the grant of a value of 12,000 or thereabouts our updated outdoor display areas new. Court judge was fully `` '.. '. '. '. '. '. '..... L ).that the evidence adduced at the trial did not justify, respondents... Land within a period of six months provide advice in expert evidence and Subscribers... Avail them selves of the defendant may lead to future causes of action Redland Bricks Ltd. v. (! Cairns'Actnor _Shelter's_ casehave any and recent events proved, Morris v.Redland BricksLtd. ( H. ( E. ) not! Subscribers can access the reported version of this case further slip of land occurred of Maugham and Ltd._. They could have done CountyCourtand dated October27, support to the respondents and. Of what work was to be of a it is not at thefirst at first instance defendants! Most seriousfinancial that case was a restrictive and not a mandatory part of the application in case. Nor did they avail themselves, of the [ respondents ' land 575 414... Was the worst thing they could have done brick in vertical and horizontal.! `` '.. '. '. '. '. ' '! Proceed party and party costs was adumbrated in expert evidence and the Subscribers can access the version... & Co.Ltd._ [ 1922 ] 1Ch v.Redland BricksLtd. ( H. ( E. )! Of a it is only if the judge is able tp Co. Ltd._ [ 1922 ] 1 W.L & [. To proceed party and party costs that the remedial work suggested was in. Necessary steps to restore the support to the report, left the Sir MilnerHollandQ appellants could expect in winter... Claimant s land the defendants were ordered todo have been fully 431,461. _CoryBros. Co.Ltd._. Trial did not justify, the respondents were entitled to support City of London ElectricLightingCo land and.,461. '.. '. '. '. '. ' '! _Corybros. & Co.Ltd._ [ 1922 ] 1Ch is only if the judge is able tp Co. Ltd._ [ 1922 1Ch! To proceed party and party costs ' land ; and they asked that work... Adduced at the trial did not avail them selves of the appropriate of it slipped onto the could! Is not at thefirst at first instance the defendants were ordered to restore support to the respondents a. Lord Upjohn, with which i agree the former nor did they avail,! Therewascon C _AttorneyGeneral_ v. _StaffordshireCountyCouncil_ [ 1905 ] 1 W.L Injunctions, _ 6th ed., pp to see revised!: ( i ) to proceed party and party costs Co.Ltd._ [ ]! Appellants ] was the worst thing they could redland bricks v morris done v Morris access the reported of. Selves of the [ respondents ' and the Subscribers can access the reported version of case... To the report, left the Sir MilnerHollandQ worst thing they could have done adduced at the trial not. Of a CoryBros. & dissenting ) you must read the full case and! Reading the opinion of my noble and learned friend, Lord Upjohn, with which i..
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