The House was asked as to the result in law when a nuisance is the inevitable result of carrying out the functions authorised by Parliament. Held: Viscount Dunedin said: ‘When Parliament has authorized a certain thing to be made or done in a certain place, there can be no action for nuisance caused by the … Continue reading Manchester Corporation v Farnworth: HL 1930
A public right of way was claimed. It was argued that, in the absence of evidence of facts inconsistent with a dedication of the pathway, the jury were obliged to make such a finding. Held: The House rejected this submission. User was no more than evidence from which dedication could be inferred. It was open … Continue reading Folkestone Corporation v Brockman: HL 1914
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
Arrested Person must be told basis of the Arrest Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, … Continue reading Christie v Leachinsky: HL 25 Mar 1947
