The Act of 1893 provided that a successful defendant should be entitled to costs as between solicitor and client in an action in respect of ‘any act done in the pursuance, or execution, or intended execution of any Act of Parliament or of any public duty or authority’
Held: This applied also to a quia timet action, where the action of the defendant, was anticipated but has not been actually completed.
Citations:
[1929] AC 344, (1929) 26 LJ Ch 233, (1929) 140 LT 505, (1929) 93 JP 121, (1929) 45 TLR 219, (1929) 73 Sol Jo 109, (1929) 27 LGR 243
Statutes:
Public Authorities Protection Act 1893
Jurisdiction:
England and Wales
Citing:
See Also – Graigola Merthyr Co Ltd v Swansea Corporation (No 2) 1928
The plaintiffs owned two collieries, worked as one. The defendant owned an adjacent reservoir, constructed in pursuance of a special Act, incorporating sections from the Waterworks Clauses Act 1847. Wanting to take their seams under the reservoir, . .
Appeal from – Graigola Merthyr Co Ltd v Swansea Corporation CA 1928
The plaintiff mine-owner having had a contract that the neighbouring land owner would not refill its reservoir which would result in its workings being flooded, and that contract having expired, now sought an injunction to prevent the reservoir from . .
Earlier Proceedings – Graigola Merthyr Co Ltd v Swansea Corporation 1926
In cases involving expert evidence only two experts are to be heard on each side, unless the judge is satisfied that by reason of special circumstances justice cannot be done without hearing further expert evidence. This rule does not exclude either . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 25 April 2022; Ref: scu.619993