Browne v Dunn

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date28 Nov 1893
Judgment citation (vLex)[1893] UKHL J1128-1

[1893] UKHL J1128-1

House of Lords

Browne
and
Dunn.
1

After hearing Counsel for the Appellant, as well on Friday last as yesterday and this day, upon the Petition and Appeal of James Loxham Browne, of Woodbine Cottage, The Vale, Hampstead, in the county of Middlesex, 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 7th of March 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 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 Cecil William Dunn (Defendant below), lodged in answer to the said Appeal; and Counsel appearing for the said Respondent, but not called on; and due consideration had of what was offered for the said 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 7th of March 1893, 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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784 cases
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    • Singapore
    • High Court (Singapore)
    • 12 December 2006
  • Granston v Attorney General
    • Jamaica
    • Supreme Court
    • 10 August 2009
    ...so that he has an opportunity to respond to the assertion. I shall deal with this in more detail below under the heading of the rule in Browne v Dunn. 14 I accept that it is possible for a court or tribunal of fact to reject a witness' testimony on a point even if he is not confronted with ......
  • Stephen Stubbs v R
    • Bahamas
    • Court of Appeal
    • 24 January 2019
    .... In Foley: “Procedure — Defence counsel fails to put case to Crown witnesses — Form of the “ Browne v Dunn” direction ( Browne v Dunn (1893) 6 R 67) — Recent invention — Inappropriateness of Crown prosecutor asking a witness if another witness must have been lying Defence counsel at a tria......
  • Bank of Ireland Mortgage Bank v Murray
    • Ireland
    • High Court
    • 12 April 2019
    ...been executed by Mr Murray on either the 10 or 16 September 2003. 90 I will deal more fully below with the argument from Browne v. Dunn (1894) 6 R 67 advanced by counsel for Mr Family Home (Protection) Act 1976 91 I turn now to the consequence of my finding that the Family Home Declaration ......
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2 firm's commentaries
  • Property & Projects - What's News in Property & Projects - 26 June 2012
    • Australia
    • Mondaq Australia
    • 1 July 2012
    ...– Reliability of Plaintiffs' witnesses – application of Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 – application of Browne v Dunn (1893) 6 R 67 (HL) – Evidence Act 2008 (Vic) s 140. Joseph Street Pty Ltd & Ors v Tan & Ors [2012] VSCA 113 CONTRACT – Sale of land – Specific perfo......
  • Work Health & Safety - What's News - 5 August 2014
    • Australia
    • Mondaq Australia
    • 11 August 2014
    ...v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 - whether the Tribunal erred in not requiring compliance with the rule in Browne v Dunn (1894) 6 R 67 - whether notice was given in any event satisfying the rule in Brown v Dunn and affording the appellant procedural fairness. EVIDENCE - rules o......
7 books & journal articles
  • Subject Index
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 9-4, December 2005
    • 1 December 2005
    ...91British Coal Corp v Dennis Rye Ltd [1988] 3All ER 816, HL.............................................. 2 99Browne v Dunn (1893) 6 R 67, HL ............... 66Callanan v B [2004] QCA 478.. 296, 297, 298Campbell v Jones and Derrick (2002) 209NSR (2d) 81, 2002 NSCA 128 .........77, 103Campbe......
  • Table of Cases
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 13-4, November 2009
    • 1 November 2009
    .... . . . . . .248Briscoe v LaHue 460 US 325 (1983), 1983 USLEXIS 146. . . . . . . . . . . . . . . . . . . . . . . . . . . . 195Browne vDunn (1893) 6R 67 . . . . . . . . . . . . . . 153Buckley vThomas (1554) 1Plowden 118 . . . . . 52Cadbury Schweppes Pt Ltd v Amcor Ltd [2008]FCA 88. . . . . .......
  • Prosecutorial challenges in freezing and forfeiting proceeds of transnational crime and the use of international asset sharing to promote international cooperation
    • United Kingdom
    • Journal of Money Laundering Control Nbr. 8-2, April 2005
    • 1 April 2005
    ...951 (Privy Council); R v Rezvi [2002] 1 All ER 801(UK House of Lords); R v Benja®eld [2002] UKHL 815; Gilli-gan v Criminal Assets Bureau [1998] 31 R 185 (Irish HighCourt); Phillips v UK ECHR App No. 41087/98; 5th July,2001. Moreover, reverse onus provisions are expressly encour-aged by Arti......
  • Case Commentaries
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 13-2, April 2009
    • 1 April 2009
    ...of the trial. To avoid this, the law requires counsel to follow certain procedures. One of these is embodied in the rule in Browne v Dunn (1893) 6 R 67, another is the ethical rule counsel must not impute criminality, fraud or other serious misconduct without some factual basis for the alle......
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