Pasmore v Oswaldtwistle Urban District Council: HL 1898

Where an Act creates an obligation, and enforces the performance in a specified manner, it is a general rule that performance cannot be enforced in any other manner.
Earl of Halsbury LC said: ‘The principle that where a specific remedy is given by a Statute, it thereby deprives the person who insists upon a remedy of any other form of remedy than that given by the Statute, is one which is very familiar and which runs through the law. I think Lord Tenterden accurately states that principle in the case of Doe v. Bridges . .’


Earl of Halsbury LC


[1898] AC 387


Public Health Act 1875


England and Wales


ConfirmedRobinson v Workington Corporation CA 1897
Mr Robinson’s houses were damaged by water overflowing from the council’s public sewers. The sewers were adequate until new houses were built. He claimed damages in respect of the council’s failure to build a new sewer of sufficient dimensions to . .
ApprovedDoe d. Bishop of Rochester v Bridges 1831
Where a new obligation is created by statute which at the same time provides a special means of enforcing it, that performance cannot be enforced in any other manner.
Lord Tenterden said: ‘where an Act creates an obligation and enforces the . .

Cited by:

CitedMarcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Litigation Practice, Health

Updated: 29 April 2022; Ref: scu.188629