The P and O. Company, one of the plaintiffs, not asserting any public right, and so not using the Attorney-General’s name, was bound to prove special damage and was unable to do so. It had failed to establish its alleged rights and so its appeal was dismissed but nevertheless the court made a declaration of right in favour of the P and O. The court supported to the distinction between private and public rights and to the necessity for the latter to be enforced by, or through, the Attorney-General.
Citations:
[1892] 3 Ch 242
Jurisdiction:
England and Wales
Litigation Practice
Updated: 04 May 2022; Ref: scu.573238