References: [1767] EngR 55, (1767) 3 Bro CC 646, (1767) 29 ER 743
Links: Commonlii
Coram: Lord Camden LC
Ratio Review was sought of a decree pronounced some thirty or forty years before. The defect was apparent on the face of the record.
Held: The review was barred by the length of time elapsed.
Ratio Lord Camden LC applied the doctrine of laches, saying: ‘A Court of Equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. Nothing can call forth this Court into activity, but conscience, good faith, and reasonable diligence; where these are wanting, the Court is passive, and does nothing.’ Equity would not countenance laches beyond the period for which a legal remedy had been limited by statute, and that where the legal right had been barred, the equitable right to the same thing was also barred: ”Expedit reipublicae ut sit finis litium’, is a maxim that has prevailed in this court at all times, without the help of parliament.
But, as the Court has no legislative authority, it could not properly define the time of bar, by a positive rule, to an hour, a minute, or a year; it was governed by circumstances.
But as often as parliament had limited the time of actions and remedies, to a certain period, in legal proceedings, a Court in Chancery adopted that rule, and applied to similar cases in equity.
For when the Legislature had fixed the time at law, it would have been preposterous for equity (which, by its own proper authority, always maintained a limitation), to countenance laches beyond the period, that law had been confined to by parliament.
And therefore in all cases where the legal right has been barred by parliament, the equitable right to the same thing has been concluded by the same bar.’
This case cites:
- See Also – Smith -v- Clay (Commonlii, [1767] EngR 54, (1767) Amb 645, (1767) 27 ER 419)
Bill of review for error apparent will not lie after twenty years from the making of the decree. The time runs from the decree, not from the inrolment. . .
(This list may be incomplete)
This case is cited by:
- Cited – Adamson and Others -v- Paddico (267) Ltd SC (Bailii, [2014] UKSC 7, [2014] 1 AC 1072, [2014] 1 P & CR 24, [2014] 2 WLR 300, [2014] 2 All ER 1, [2014] JPL 745, [2014] WLR(D) 51, [2014] BLGR 249, [2014] 1 P &CR 24, WLRD, Bailii Summary, SC Summary, SC, UKSC 2012/0089)
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request.
Held: The appeal were solely as to . .
(This list may be incomplete)
Last Update: 25-Mar-16
Ref: 374834
