Barraclough v Brown and Others
| Jurisdiction | England & Wales |
| Judgment Date | 19 July 1897 |
| Judgment citation (vLex) | [1897] UKHL J0719-1 |
| Court | House of Lords |
| Date | 19 July 1897 |
[1897] UKHL J0719-1
House of Lords
After hearing Counsel for the Appellant, as well on Friday the 28th and Monday the 31st days of May, as Tuesday the 1st day of June last, upon the Petition and Appeal of Samuel Barraclough, the Secretary and Public Officer duly appointed to sue and suing on behalf of the Undertakers of the Navigation of the Rivers Aire and Calder, 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 4th of March 1896, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, and that the Petitioner might have the relief prayed for in the Appeal, or 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 James Brown, Samuel Alexander Sadler, Richard Verrill, Edward Henry Knowthwaite, Alexander Petrie, Thomas William Spink Locke, John Christopher Simpson, Marianne Townsend, John Milner Lennard, Edward Kirby, William Lennard, and Rosa Lennard (the Owners of the Steamship "J. M. Lennard"), lodged in answer to the said Appeal, and Counsel appearing for the said Respondents, but not being called on, and due consideration had this day of what was offered for the said Appellant:
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 4th of March 1896, complained of in...
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Pyx Grainite Company Ltd v Ministry of Housing and Local Government
...courts is taken away. And it appears to me that the case would be unarguable but for the fact that in Barraclough v. Brown and Others [1897] A.C. 615 upon a consideration of the statute there under review it was held that the new statutory remedy was exclusive. But that case differs vitally......
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Pyx Grainite Company Ltd v Ministry of Housing and Local Government
... ... Brown 1897 Appeal Cases, page 615 ) for the purpose. The only procedure open to the company is, he ... In Barraclough v. Brown , the words were sufficiently clear. In that case Parliament had "by plain implication ... The fact that I have been successful in some of my argument and unsuccessful in the others, I submit, should not affect the over-all result that I have won ... LORD DENNING ... ...
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Felix Dasilva Plaintiff v Attorney General of St.VG First Defendant Kenneth John et Al Second Defendants [ECSC]
...Judicial Review of Administrative Action by de Smith Constitutional and Administrative Law 4th ed. p.561 -595 and Barraclough v Brown (1897) A.C. 615 72 The Barraclough v Brown case is distinguishable from this case. In that case liability was created by legislation and exclusive jurisdicti......
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Re Al-Fin Corporation's Patent
...to limit the patentees' possible rights of appeal as specifically provided by the Act (post, pp.173F-H, 177B-C). Barraclough v. Brown [1897] A.C. 615, H.L.(E.) applied. (2) That construing section 24 (1) as a preliminary issue in the reference of the application for an extension to the High......
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Cases referred to in 1983
...South Wales v. The Commonwealth (1948) 76 C.L.R. 1 56 Bardar Bee v. Habib Merican Noordin (1909) A.C. 615. 136 Barraclough v. Brown (1897) A.C. 615-619 at 623. 494 Basheshar Nath v. I.T. Commissioner of Income Tax (1959) 46 A.I.R. 149. 2 Bearers v. Haubert (1905) 198 U.S. 77; 25 U.S. Report......
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Century National Merchant Bank Limited and Others v Davies and Others
...or plain implication to the same effect, derived from the language and context of the statute, is enough: see Barraclough v Brown [1897] AC 615 and Pyx Granite Co Ltd v Ministry of Housing and Local Government [1960] AC 260, [1959] 3 All ER 1. There are cogent factors pointing towards a nec......