The claimant challenged the validity of an order in council. The order used general enabling words, not expressly stating which power had been used for their creation. Held: The result of those general enabling words was that the order was made under a power conferred by the British Settlements Act 1887 even though that order … Continue reading Buck v Attorney General: ChD 1965
By an action for declaratory relief, a challenge was offered to the validity of the Order in Council giving effect to the 1961 Act. Held: The appeal failed. As a matter of international comity an English court should not grant declarations which would amount to an unwarranted interference in the affairs of an independent member … Continue reading Buck v Attorney General: CA 2 Jan 1965
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell unhappily short of the high standards of fairness and … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited: CA 30 Oct 2002
Use of ‘Without Prejudice Save as to Costs” A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the client, the respondent. The claim was compromised but without disclosing the … Continue reading Rush and Tompkins Ltd v Greater London Council and Another: HL 1988
