Black v Mitchell
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1951 |
| Court | Assizes (Northern Ireland) |
| Date | 01 January 1951 |
(K.B.D., N.I.)
Black
and
Mitchell
Sunblind with side panel - Wilful interruption of free passage - Summary Jurisdiction (Ireland) Act, 1851 (14 15 Vict., c. 92) s. 13.
An obstruction which is temporary and trivial in extent may not be an illegal obstruction within the meaning of s. 13 of the Summary Jurisdiction (Ireland) Act, 1851, but it was held that the obstruction caused by the side panel of a sunblind which projected three feet across the footpath in front of a shop could not be regarded as trivial in extent, and the use of the blind for about four hours on every sunny day went beyond what could be regarded as merely temporary.
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1 cases
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Derbyshire County Council v Brian Godfrey
...was referred to by Black LJ in Black v Mitchell." 29 The Justices were correct in saying that Lord Justice Black, in Black v Mitchell (1951) NI 145 had referred to the expectation of persons that there would be such goods displayed outside greengrocers' shops, but in referring to that case ......
1 books & journal articles
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Divisional Court
...authority took this somewhat belated action.Common breach of the law is, of course, no defence to aprosecution. Thus, in Black v Mitchell[1951]NI 145, themagistrates were directed to convict a shopkeeper for obstruc-ting the highway by having side panels to his sun-blinds, eventhough the co......