Lord Hatherley said: ‘It is quite true that neither contrary practice nor disuse can repeal the positive enactment of a statute, but contemporaneous and continuous usage is of the greatest efficacy in law in determining the true construction of obscurely framed documents.’
Judges:
Lord Hatherley
Citations:
(1871) LR 3 PC 605
Jurisdiction:
England and Wales
Cited by:
Cited – Lord Advocate v Walker Trustees HL 1912
The 1707 Act preserved the traditional offices in Scotland. The respondent held the position of Usher of the White Rod, and claimed his fees from those granted honours by the English parliament.
Held: The Act was clear. The fact that had been . .
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 29 April 2022; Ref: scu.196751