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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Administrative - From: 1849 To: 1899

This page lists 17 cases, and was prepared on 02 April 2018.

 
The Attorney-General, At The Relation Of Freer, Thompson, Flower, Lucy, Ford, Greaves, and The Mayor, Aldermen, And Burgesses of The Borough of Stratford-Upon-Avon County of Warwick, [1851] EngR 722; (1851) 3 Mac & G 453; (1851) 42 ER 335
17 Jul 1851


Company, Administrative
A railway company was constituted in 1846 for the purpose of making a railway from A. to B., with a diverging line to C. In June 1851 the line of railway from A. to B. was nearly completed, but no steps had been taken to construct the diverging line, An information was then filed by the Attorney-General, at the relation of certain parties claiming to be interested in the diverging line, to restrain the company from opening the line from A. to B, except with the intention of oompleting also the diverging line. Held, upon demurrer, that the neglect by the company to complete the whole line could not be regarded in the light of a public injury so as to warrant the interference of the Attorney General.
[ Commonlii ]
 
Harrison v Bush (1855) 5 E & B 344; [1855] EngR 41; (1855) 5 El & Bl 344; (1855) 119 ER 509
1855

Lord Campbell CJ
Administrative, Police, Constitutional
The office of Secretary of State is in theory one and indivisible.
Lord Campbell CJ stated: "In practice, to the Secretary of State for the Home Department . . belongs peculiarly the maintenance of the peace within the kingdom, with the superintendence of the administration of justice as far as the Royal prerogative is involved in it."
1 Citers

[ Commonlii ]
 
Ex Parte Newton [1855] EngR 353; (1855) 4 El & Bl 869; (1855) 119 ER 323
19 Apr 1855


Administrative
The Attorney General having refused his fiat for a writ of error to a defendant convicted of a misdemeanour Held, that in a proper case, the fiat was due ex debito justitia; but that the Attorney General was to determine, on his owri responsibility, whether or not each case was proper ; and that this Court could not review his decision.
1 Citers

[ Commonlii ]
 
Jenkins v Gaisford, Re Jenkins (deceased)'s goods (1863)
1863
ChD

Wills and Probate, Administrative
The testator had become infirm and unable to sign his name. He had made a stamp which reproduced his signature. He used it to execute his will. The will was challenged. Held: The will had been validly executed. The requirement of the Act could be fulfilled by somebody else executing a document on the direction of the testator, and therefore was equally fulfilled in this case.
Wills Act 1837 9

 
Gardner v London Chatham and Dover Railway Co (No 1) (1867) LR 2 Ch App 201
1867

Cairns LJ
Administrative, Insolvency
When Parliament expressly confers powers and imposes duties and responsibilities of an important kind upon a particular body, it is, as he put it, improper for the court by the appointment of a manager . . . itself to assume those powers and duties. Cairns LJ: "When the court appoints a manager of a business or undertaking, it in effect assumes the management into its own hands; for the manager is the servant or officer of the court, and upon any question arising as to the character and details of the management, it is the court which must direct and decide."
1 Citers


 
Bell v Kennedy (1868) LR 1 Sc & Div 307
1868

Lord Westbury, Lord Cairns
Administrative, Family
A domicile of choice in a country is been acquired immediately upon the person's arrival in that country.
Lord Cairns, having held that it was unnecessary for him to examine the various definitions that have been given of the term "domicile", held that the question to be considered was in substance whether the appellant: "had determined to make, and had made, Scotland his home, with the intention of establishing himself and his family there, and ending his days in that country?"
1 Citers


 
Ex parte Bradlaugh (1878) 3 QBD 509; 47 LJMC 105
1878

Mellor J
Administrative
Mellor J set out the principle of the right of access to a writ of certiorari: "It is well established that the provision taking away the certiorari does not apply where there was an absence of jurisdiction. The consequence of holding otherwise would be that a metropolitan magistrate could make any order he pleased without question."
1 Citers



 
 Julius v Lord Bishop of Oxford and Another; HL 23-Mar-1880 - [1880] UKHL 1; (1880) 5 AC 214; [1874-80] All ER 43; 42 LT 546; 49 LJQB 577
 
Gilbert v Corporation of Trinity House [1886] 17 QBD 795
1886


Administrative
The court first gave birth to the concept of an 'emanation of the state'
1 Citers


 
Forbes v Underwood (1886) 13 R 465
1886


Scotland, Administrative, Arbitration
The supervisory jurisdiction of the Court of Session was used to compel an arbiter to proceed with an arbitration agreed under a private contract.
1 Citers


 
Nutton v Wilson (1889) 22 QBD 744
1889

Lindley LJ
Crime, Administrative
Lindley LJ spoke of a statue intended to prevent civil servants dling on behalf of their employers with companies in which they had an interest: "The object obviously was to prevent the conflict between interest and duty that might otherwise inevitably arise".
1 Citers



 
 Sharp v Wakefield; HL 1891 - [1891] AC 173
 
Municipal Corporation of the City of Toronto v Virgo [1896] AC 88
1896
PC

Administrative
A power to regulate does not include a power to prohibit.
1 Citers


 
Regina v Guardians of Lewisham Union [1897] 1 QB 498
1897


Administrative


 
Kruse v Johnson [1898] 2 QB 91; [1895-99] All ER 105
1898

Lord Russell of Killowen CJ, Mathew J
Administrative, Crime, Local Government
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge which is unfounded, because based upon an ultra vires byelaw or administrative decision, may challenge that decision. Where an authority which is clothed with statutory powers orders something to be done and accompanies this with some sanction or penalty for a failure to do it, this restricts the freedom of action by persons who are affected by it, who would otherwise be free to do as they pleased. Legislation of this kind ought to be supported if possible, looking to the character of the body which is legislating, the subject matter and the nature and extent of the authority which is given to the body to legislate in matters of this kind.
Lord Russell of Killowen said as to powers exercised by private bodies: "the court should jealously watch the exercise of these powers, and guard against their unnecessary or unreasonable exercise to the public disadvantage, bearing in mind that their primary purpose is to make money for its shareholders".
He defined a by-law as: "an ordinance affecting the public, or some portion of the public, imposed by some authority clothed with statutory powers ordering something to be done or not to be done, and accompanied by some sanction or penalty for its non-observance."
As to by-laws, he said that: "an oppressive, gratuitous interference with personal rights and freedoms devoid of rational justification would be unreasonable and ultra vires but a by-law was not unreasonable 'merely because particular judges may think that it goes further than is prudent or necessary or convenient, or because it is not accompanied by a qualification or an exception which some judges may think ought to be there'” and "[when] called upon to consider the by-laws of public representative bodies clothed with . . ample authority . . and exercising that authority accompanied by . . checks and safeguards . . the consideration of such by-laws ought to be approached from a different standpoint. They ought to be supported if possible. They ought to be, as has been said, "benevolently" interpreted and credit ought to be given to those who have to administer them that they will be reasonably administered . . I think courts of justice ought to be slow to condemn as invalid any by-law so made under such conditions, on the ground of supposed unreasonableness."
Mathew J (dissenting) included certainty among the conditions of validity of a by-law.
1 Citers


 
Young v Waller [1898] AC 661
1898


Administrative
A legislature or (subject to any relevant legislation) a government may abolish a public office in the interests of good administration.
1 Citers


 
Regina v Cotham [1898] 1 QB 802
1898


Litigation Practice, Administrative
To obtain an order of mandamus, the applicant must show that he has a sufficient interest.

 
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