Regina v Carrick District Council ex parte Prankerd: Admn 24 Jan 1997
Power of distraint. Citations: [1997] EWHC Admin 65 Links: Bailii Statutes: Harbours Docks and Piers Clauses Act 1847 Transport Updated: 25 May 2022; Ref: scu.137010
Power of distraint. Citations: [1997] EWHC Admin 65 Links: Bailii Statutes: Harbours Docks and Piers Clauses Act 1847 Transport Updated: 25 May 2022; Ref: scu.137010
A wrongful decision by a harbour authority not to allow exports of live animals through the port, did not give a right to a private claim for damages, even though it was in breach of a statutory duty. Citations: Gazette 23-Sep-1998, Times 09-Sep-1998 Statutes: Harbours, Docks and Piers Clauses Act 1847 33 Jurisdiction: England and … Continue reading K A and S B M Feakins Ltd v Dover Harbour Board: QBD 9 Sep 1998
The House considered the application of a case precedent where they had been uunable to extract a binding ratio decidendi. Held: A ratio decidendi cannot be created by aggregating views of minority judges and views of majority judges to secure a numerical majority on a particular issue. Viscount Dunedin (dissenting) said as to the ratio … Continue reading Great Western Railway Co v Mostyn (Owners): HL 1928
Captain Wyatt owned land near the harbour and wanted to moor his boat by it. The Harbour authority said he needed a licence. The Harbour authority requested him to move the boat as a danger to navigation. The Captain sought a judicial review of the authority’s action. Held: Under the Act, the harbour authority had … Continue reading Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions: QBD 26 Jun 2003
The claimants sought judicial review of a decision of the defendant harbour masters themselves to install and sell from the harbour all fule for use by boats using it, saying that they had no power to operate such an enterprise. Held: Whilst the sale of fuel would assist the town, it was not part of … Continue reading Looe Fuels Ltd., Regina (on the Application of) v Looe Harbour Commissioners: Admn 27 Apr 2007
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .