Barraclough v Brown: HL 1897

The 1889 Act gave statutory undertakers who had incurred expenditure in removing a sunken vessel a right ‘to recover such expenses from the owner of such vessel in a court of summary jurisdiction.’ the undertakers began their action in the High Court, and appealed dismissal of the claim.
Held: The appeal failed. Such expenses were not recoverable in an action the High Court. ‘By these words the Legislature has, in my opinion, committed to the summary court exclusive jurisdiction, not merely to assess the amount of expenses to be repaid to the undertaker, but to determine by whom the amount is payable; and has therefore, by plain implication, enacted that no other court has any authority to entertain or decide these matters.’ and ‘It is possible that your Lordships might accede to such a suggestion, if it were necessary, in order to do justice. But apart from the circumstance that such a declaration would not be in accordance with law, the substance of it is one of those matters exclusively committed to the jurisdiction of the summary court.’
Lord Herschell: ‘I do not think the appellant can claim to recover by virtue of the statute, and at the same time insist upon doing so by means other than those prescribed by the statute which alone confers the right.’
lord Watson, Lord Herschell
[1897] AC 615
Aire and Calder Navigation Act 1889 47
Cited by:

  • Mentioned – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
    Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
    [2005] UKHL 54, Times 01-Aug-05, [2005] 3 CMLR 2, [2005] STC 1357, [2005] STI 1336, [2006] 1 AC 118, [2005] 3 WLR 339, [2005] 4 All ER 1141, [2005] BTC 402, [2006] Eu LR 131, 77 TC 504
  • Cited – Argosam Finance Co Ltd v Oxby (Inspector of Taxes) CA 1965
    A company which dealt in shares issued an originating summons in the Chancery Division requesting a declaration as to the correct method of computing its income for the purposes of loss relief. The revenue challenged the proceedings as an abuse of . .
    [1965] Ch 390
  • Cited – In re Vandervell’s Trusts (No 1); Vandervell Trustees Limited v White and Others HL 15-Jul-1970
    Practice – Parties – Joinder – Proceedings between subjects raising issues material to income tax – Joinder of Commissioners of Inland Revenue – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c.10), ss. 52 and 64 ; Income Tax Management Act . .
    [1971] AC 912, [1970] UKHL TC – 46 – 341, [1970] 3 WLR 452, [1970] 3 All ER 16, [1970] TR 129,, 46 TC 341
  • Cited – Capper v Chaney and Another ChD 8-Jul-2010
    Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process.
    (2010) 174 JP 377, [2010] EWHC 1704 (Ch)

These lists may be incomplete.
Updated: 10 December 2020; Ref: scu.229081