Crédit Suisse v Allerdale Borough Council

JurisdictionEngland & Wales
Judgment Date1995
Date1995
CourtQueen's Bench Division
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31 cases
  • Charles Terence Estates Ltd v Cornwall Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 November 2012
    ...authority can escape liability to a private party by invoking its own lack of capacity in relation to a transaction. In Credit Suisse v Allerdale Borough Council [1996] QB 306, Peter Gibson LJ described such an outcome as "unattractive" but that case (to which I shall return) is a vivid exa......
  • Patrick George Baker v Police Appeals Tribunal
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 27 March 2013
    ...it is within the court's discretion to withhold a remedy if it is fair and just in the particular case. He cited a passage from Credit Suisse v Allerdale BC [1997] QB 306 at 355D, where Hobhouse LJ said: "The discretion of the court in deciding whether to grant any remedy is wide one. It c......
  • Credit Suisse and Another v Waltham Forest London Borough Council
    • United Kingdom
    • Queen's Bench Division
    • 2 November 1994
    ... ... His Lordship distinguished the present case on its facts from that ofHazell v Hammersmith and Fulham London Borough CouncilELR ((1992) 2 AC 1). His Lordship agreed however with the judgment of Mr Justice Colman inCredit Suisse v Allerdale (May 6, 1994, unreported, QB) that a guarantee by a local authority of the obligations of a company set up by it was not necessarily impermissible ... ...
  • Attorney General Appellant v Martinus Francois Respondent [ECSC]
    • St Lucia
    • Court of Appeal (Saint Lucia)
    • 29 March 2004
    ...Western Railway Company of Ireland [1925] A C 754 (HL); The State of New South Wales v Bardolph [1934] 52 C.L.R. 455 and Credit Suisse v Allendale Borough Council [1995] 1 Lloyds Rep. 315; [1996] 3 W L R 894. 116 Mr. Francois submitted that, on the other hand, where there is no statutory c......
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