Per Incuriam in UK Law
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Broome v Cassell & Company Ltd
... ... Barnard was wrongly decided by the House of Lords and was not binding even on the Court of Appeal. It was, so they said, arrived at per incuriam , and without argument from counsel. It ignored, they claimed, two previous decisions in the House of Lords, Ley v. Hamilton (1935) 153 L.T.R ... ...
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Morelle Ltd v Wakeling
... ... taken by the Attorney-General was that the decision of this Court in the first Morelle case was erroneous and, having been arrived at per incuriam , was open now to review and ought not to be followed by this Court. Mr Shawcross, who appeared on behalf of the Plaintiff Company, felt a difficulty ... ...
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Johnson v Agnew
... ... v. Swycher & Others , (1976) 1 Chancery 319 , was not made per incuriam, because I think the point can be better considered when I have examined that case somewhat closely ... 16 There the vendor ... ...
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Miliangos v George Frank (Textiles) Ltd
... ... these circumstances he decided that he ought to follow the decision of this House and that the decision in Schorsch Meier was given per incuriam ... 6 An appeal was brought to the Court of Appeal and was heard in February 1975 by Lord Denning M. R., Stephenson and ... ...
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Miliangos v George Frank (Textiles) Ltd
... ... no decision of the House of Lords subsequent to the Schorsch Meier case Another exception is where a previous decision has been given per incuriam ... "Such cases", said Lord Greene, Master of the Rolls, (1944) 1 K.B. at page 729 - "would obviously be of the rarest occurrence and must be dealt ... ...
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Davis (A.P.) (Respondent) v Johnson (A.P.) (Appellant)
... ... of the House of Lords; (3) the court is not bound to follow a decision of its own if it is satisfied that the decision was given per incuriam, e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier ... ...
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Broome v Cassell & Company Ltd
... ... 74 All this loads me to the conclusion that, if ever there was a decision of the House of Lords given per incuriam ... this was it. The explanation is that the House, as matter of legal theory, thought that exemplary damages had no place in the civil code, and ought ... ...
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Glenister v Rowe
... ... 33 Mr Arnold, on behalf of Mr Glenister, challenged the correctness of these cases on the ground that they were decided per incuriam: Re Sutherland [1963] AC 235 , a decision of the House of Lords, was not cited in any of them. It is not surprising that the potential ... ...
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Farrell v Alexander
... ... Feeling unable to argue that Zimmerman v. Grossman was wrongly decided or was distinguishable, he argued that it was decided per incuriam ... 100 The majority in the Court of Appeal (Lawton and Scarman L.JJ.) dealt with the point scrupulously. They held that ... ...
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Kuddus v Chief Constable of Leicestershire Constabulary
... ... damages to fresh torts? "Having rejected the theory that Lord Devlin's speech can be pushed aside as having been delivered per incuriam, I hope I may now equally dispose of another misconception. I do not think that he was under the impression either that he had completely ... ...
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