Lord Stowell discussed the rationale behind the inversion in cases involving the Crown of the principle that a clause is to be construed against the proposer saying that: ‘the prerogatives and rights and emoluments of the Crown being conferred upon it for great purposes, and for the public use, it shall not be intended that such prerogatives, rights and emoluments are diminished by any grant, beyond what such grant by necessary and unavoidable construction shall take away.’
Sir William Scott said that ‘the prerogatives . . of the Crown being conferred upon it for great purposes, and for the public use, it shall not be intended that such prerogatives . . are diminished by any grant, beyond what such grant by necessary and unavoidable construction shall take away’
Judges:
Lord Stowell, Sir William Scott
Citations:
(1799) 1 Ch Rob 227, [1799] EngR 645, (1799) 1 C Rob 227, (1799) 165 ER 158
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Crown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Cited – Lynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 15 May 2022; Ref: scu.269742