Brinckman v Matley

JurisdictionEngland & Wales
Date1904
Year1904
CourtCourt of Appeal
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17 cases
  • Beckett (Alfred F.) Ltd v Lyons
    • United Kingdom
    • Court of Appeal
    • 29 November 1966
    ...when it is covered with water for the purpose of fishing. Bathing, for Instance, is not a public right but goes on by tolerances see Brinckman v. Mayley (1904 2 Chancery 313), a decision of the Court of Appeal following Blundell v. Oatterall (5 Bamewall & Adolphus 68). 14 I cannot find any ......
  • R (on the application of Newhaven Port and Properties Ltd) v East Sussex County Council
    • United Kingdom
    • Supreme Court
    • 25 February 2015
    ...question (preaching on the foreshore) although concluding, in accordance with the reasoning in Blundell, that it was a trespass. 40 In Brinckman v Matley [1904] 2 Ch 313, 317, Buckley J, after referring to the fact that it had been applied in two first instance decisions of Mace and Llandu......
  • R (Newhaven Port & Properties Ltd) v East Sussex County Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 March 2013
    ...may have induced them to acquiesce in, and even to encourage the practice, as a matter indirectly profitable to themselves." 50 In Brinckman v Matley [1904] 2 Ch 313 it was again contended, in relation to an area of foreshore granted to the owner's predecessors in title by the Crown, that "......
  • New South Wales v Commonwealth of Australia
    • Australia
    • High Court
    • 17 December 1975
    ...in which appears that ‘most remarkable’ judgment of Sir George Holdroyd, described by the Court of Appeal in Brinckman v. MatleyELR [1904] 2 Ch. 313; [1904–7] All E.R. Rep. 941, as ‘one of the first examples we have of the way in which the judgment of an English judge ought to be expressed’......
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1 books & journal articles
  • RECLAIMING THE PUBLIC TRUST IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal No. 2005, December 2005
    • 1 December 2005
    ...[1908] 2 Ch 139. 27 (1821) 5 B & Ald 268 at 294; 106 ER 1190 at 1199—1200. See also Williams v Wilcox(1838) 8 Ad & E 314; 112 ER 857. 28 [1904] 2 Ch 313 at 315—316. 29 1215 issue. 30 Williams v Wilcox, supra n 27. See also The King v Clark(1702) 12 Mod 615; 88 ER 1558. 31 Stuart Moore, & Hu......

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