References: [1986] Ch 80, [1984] 2 All ER 601
Coram: Justice Nourse
Ratio: If a decision of a court has been reached after full consideration of an earlier decision which went the other way, it should not be open to review on a third occasion when the same point arose for decision.
Nourse J said: ‘There must come a time when a point is normally to be treated as having been settled at first instance. I think that should be when the earlier decision has been fully considered, but not followed, in a later one. Consistently with the modern approach of the judges of this court to an earlier decision of one of their number . . I would make an exception only in the case, which must be rare, where a third judge is convinced that the second was wrong in not following the first.’
This case is cited by:
- Cited – In re Cromptons Leisure Machines Ltd ChD (Times 27-Dec-06)
The section gave the court a jurisdiction to authorise payments to people would be preferred creditors in a winding up. . . - Cited – Futter and Another v Futter and Others ChD (Bailii, [2010] EWHC 449 (Ch), [2010] Pens LR 145, [2010] STC 982, [2010] STI 1442, [2010] BTC 455, [2010] WTLR 609)
Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice.
Held: The deeds were set aside as void. The Rule in Hastings-Bass derives . . - Cited – Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others ChD (Bailii, [2010] EWHC 1022 (Ch), [2010] 2 EGLR 93, [2010] NPC 58, [2010] JPL 1303, [2010] 20 EG 145, [2010] 30 EG 64)
The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act.
Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are . .
(This list may be incomplete)
Last Update: 15 March 2019
Ref: 247762
