Assessment Committee of Holywell Union and Churchwardens, Company of Halkyn v Halkyn District Mines Drainage Company et è contra.; Assessment Committee of Holywell Union and Churchwardens, Company of Northop v Halkyn District Mines Drainage Company et è contra.; Consolidate Appeals

JurisdictionUK Non-devolved
Judgment Date17 December 1894
Judgment citation (vLex)[1894] UKHL J1217-2
CourtHouse of Lords
Date17 December 1894

[1894] UKHL J1217-2

House of Lords

Assessment Committee of Holywell Union and Churchwardens, &c. of Halkyn
and
Halkyn District Mines Drainage Company et � contra.
Consolidate Appeals.
Assessment Committee of Holywell Union and Churchwardens, &c. of Northop
and
Halkyn District Mines Drainage Company et � contra.
Consolidate Appeals.
1

Whereas Monday the 19th day of November last was appointed for hearing Counsel upon the Petition and Appeal of the Assessment Committee of the Holywell Union, in the County of Flint, and the Churchwardens and Overseers of the Poor of the Parish of Halkyn, in the said Union, 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 21st of November 1893, 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 Petitioners 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 Petition and Cross Appeal of the Halkyn District Mines Drainage Company, praying, That the matter of the Order set forth in the Schedule thereto, namely, the said Order of Her Majesty's Court of Appeal, of the 21st of November 1893, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be affirmed, with an addition thereto directing that the Costs of the Petitioners in Her Majesty's Court of Appeal, and in the Queen's Bench Divisional Court of the High Court of Justice, might be paid by the Assessment Committee of the Holywell Union and the Churchwardens and Overseers of the Poor of the Parish of Halkyn mentioned in the said Schedule, or that the Petitioners 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 Petition and Appeal of the Assessment Committee of the Holywell Union, in the County of Flint, and the Churchwardens and Overseers of the Poor of the Parish of Northop, in the said Union, praying, That the matter of the Order set forth in the Schedule thereto, namely, the said Order of Her Majesty's Court of Appeal of the 21st of November 1893, 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 Petitioners might have such...

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22 cases
  • Westminster City Council v Southern Railway Company
    • United Kingdom
    • House of Lords
    • 20 May 1936
    ...stated. Two important principles have been clearly laid down by this House in Holywell Union and Halkyn Parish v. Halkyn Drainage Board, 1895 A.C. 117. In that case Lord Herschell L.C., at page 126, very precisely states the general distinction:— "There are many cases where two persons may,......
  • Telecom Éireann v Commissioner of Valuation
    • Ireland
    • Supreme Court
    • 1 January 1998
    ...Between TELECOM EIREANN APPELLANT and COMMISSIONER OF VALUATION RESPONDENT Citations: HOLYWELL UNION V HALKYN DISTRICT MINES DRAINAGE CO 1895 AC 117 VALUATION (IRL) ACT 1852 SCHED VALUATION ACT 1986 S2 VALUATION ACT 1988 POOR RELIEF ACT 1601 POOR LAW (IRL) ACT 1838 S63 POOR LAW (IRL) ACT 1......
  • Ratford v Northavon District Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 May 1986
    ...at p.977f). Mr. Cochrane reminded us of what was said by Lord Herschell in Holywell Union v. Halkyn District Mines Drainage Co., [1895) Appeal Cases 117 at p.125: "The question whether a person is an occupier or not within the rating law is a question of fact and does not depend upon legal ......
  • Routhan v Arun District Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 July 1981
    ...see for example Electric Telegraph Co. v. Salford Overseers (1855) 11 Ex. 181 and Holywell Union v. Halkyn District Mines Drainage Co. (1895) AC 117 at page 126 per Lord Herschell.) 50 In Northern Ireland Commissioner v. Fermanagh Board of Education Lord Diplock clearly recognised the possi......
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