Clarke (Pauper) v Edinburgh and District Tramways Company, Ltd

JurisdictionUK Non-devolved
CourtHouse of Lords
Judgment Date14 March 1919
Judgment citation (vLex)[1919] UKHL J0314-1
Docket NumberNo. 6.
Date14 March 1919

[1919] UKHL J0314-1

House of Lords

Clarke (Pauper)
and
Edinburgh and District Tramways Company, Limited.
1

After hearing Counsel, as well yesterday as this day, upon the Petition and Appeal of Sarah Ann Clarke, Widow, Pauper, residing at 5, East North Street, Aberdeen, praying that the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 26th of February 1918, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutor might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet (which said Appeal, upon the death of the said Sarah Ann Clarke, was, in pursuance of an Order of this House, of the 31st of January 1919, revived in the name of Sylvester Crocker, leave being given to the said Sylvester Crocker, by the said Order, to prosecute the Appeal in form� pauperis); as also upon the printed case of the Edinburgh and District Tramways Company, Limited, lodged in answer to the said Appeal; and due consideration had of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Interlocutor of the 26th day of February 1918, complained of in the said Appeal, be, and the same is hereby, Reversed, and that the Interlocutor of the Lord Ordinary (Lord Anderson), of the 15th day of June 1917, thereby Recalled, be, and the same is hereby, Restored: And it is further Ordered, That the said Cause be, and the same is hereby, remitted back to the Court of Session in Scotland, to do therein as shall be just and consistent with this Judgment: And it is further Ordered, That the Respondents do pay, or cause to be paid, to the said Appellant the Costs of the Action in the Court...

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270 cases
3 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...118 LT 203, CA 183 Chinyanga v Buffer Bear Ltd [2003] All ER (D) 445 (Oct) 8 May 2003, EAT (EAT/0300/02) 68 Clarke v Edinburgh Tramways [1919] SC (HL) 35, HL 23 Table of Cases xvii Clifford v Challen (Charles H) & Son Ltd [1951] 1 KB 495, [1951] 1 TLR 234, [1951] 1 All ER 72, CA 176 Cobham ......
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    ...(Gi'ass) Ltd. & Anor (1969) 2 All E.R. 1141. 37.Derty v. Peek (1889) 14 A.C. 337. 38. Clarke v. Edinburgh & District Tramways Co. Ltd. (1919) S.C. (HL) 35. 30 39.Powell v. Streatham Manor Nursing Home (1935) A.C. 243, 250. 40. Coghlan v. Cumberland (1898) 1 Ch. 704, 705. 41.Montgomerie & Co......
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    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...social exclusion and poverty, 16 E.g. Onassis v Vergottis [1968] 2 Lloyd’s Rep 403 per Lord Pearce at 431; Clarke v Edinburgh Tramways [1919] SC (HL) 35 per Lord Shaw at 36 . 17 Bingham, The Business of Judging , p 10. 18 www.judiciary.gov.uk/publications/equal-treatment-bench-book/ 2013 ed......

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