Abrath v North-Eastern Railway Company

JurisdictionEngland & Wales
Judgment Date15 March 1886
Judgment citation (vLex)[1886] UKHL J0315-1
CourtHouse of Lords
Date15 March 1886

[1886] UKHL J0315-1

House of Lords

Abrath
and
North-Eastern Railway Company.
1

After hearing Counsel for the Appellant, as well on Thursday and Friday last as this day, upon the Petition and Appeal of Gustav Adolph Abrath, of Borough Road, in the borough of Sunderland, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 22d of June 1883, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of the North-Eastern Railway Company, lodged in answer to the said Appeal; and Counsel appearing for the Respondents, but not being called on; and due consideration had of what was offered for the Appellant:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 22d of June 1883, complained of in the said Appeal, be, and the same is hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby dismissed this House: And it is further Ordered, That the Appellant do pay or cause to be paid to the...

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21 cases
  • Glinski v Mclver
    • United Kingdom
    • House of Lords
    • 22 February 1962
    ... ... on the 12th April, in response to an order from a bogus company called Seymour Stores Company Ltd., a textile company, Alma Mill Ltd., had ... put it in Abrath's case: Did he honestly believe in the case which he laid before the ... Heslop and Raine (1848) 12 Q.B. 267 ; Abrath v. North Eastern Railway Company (1883) 11 Q.B.D. 440, 11 A.C. 247 ... 56 Fourth, ... ...
  • Jetivia S.A. and Another (Appellants/6th and 7th Defendants) v Bilta (UK) Ltd ((in Liquidation)) and Others (Respondents/Claimants)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2013
    ...for which the company is personally responsible. Although Lord Bramwell expressed the view in Abrath v North Eastern Railway Co (1886) 11 App Cas 247 at 251 that it was impossible for a corporation to have either malice or motive, that view was rapidly discarded (see Citizens' Life Assuranc......
  • Stone and Rolls Ltd ((in Liquidation)) v Moore Stephens (A Firm)
    • United Kingdom
    • House of Lords
    • 30 July 2009
    ...liability. But its historical importance is as a decisive rejection of Lord Bramwell's view (in Abrath v North Eastern Railway Co. (1886) 11 App Cas 247) that a company could never have a dishonest motive attributed to it. The present law was clearly explained by Lord Reid in a passage whic......
  • Officeserve Technologies Ltd (in Compulsory Liquidation) v Annabel's (Berkeley Square) Ltd
    • United Kingdom
    • Chancery Division
    • 15 August 2018
    ...Trust Company Ltd [1927] AC 515, 520, per Viscount Dunedin. In Abrath v North East Railway Company (1883) 11 QBD 440 (affirmed (1886) 11 App Cas 247), Bowen LJ said (at 456): “Whenever litigation exists, somebody must go on with it; the plaintiff is the first to begin; if he does nothing, h......
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