Darley Main Colliery Company v Mitchell

JurisdictionUK Non-devolved
Judgment Date08 February 1886
Judgment citation (vLex)[1886] UKHL J0208-1
CourtHouse of Lords
Date08 February 1886
Darley Main Colliery Company
and
Mitchell.

[1886] UKHL J0208-1

House of Lords

1

After hearing Counsel, as well on Friday the 10th, as Monday the 13th, and Tuesday the 14th days of July 1885, upon the Petition and Appeal of The Darley Main Colliery Company, of Worsboro' Dale near Barnsley, in the county of York, 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 4th of July 1884, so far as the same is therein stated to be appealed against, 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 Petitioners 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 Thomas Wilfrid Howe Mitchell, lodged in answer to the said Appeal; and due consideration had this day 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 Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 4th of July 1884, in part 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 Appellants do...

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9 cases
  • Carroll v Kildare County Council
    • Ireland
    • Supreme Court
    • 1 January 1950
    ... ... Backhouse v.Bonomi , 9 H. L. Cas. 503, and Darley Main Colliery Co. v. Mitchell , 11 App. Cas. 127 ... " Similarly, in the case of Huyton and Roby Gas Company v. Liverpool Corporation (5) , it was held by the Court of ... ...
  • Harrison Jalla and Others v Shell International Trading and Shipping Company
    • United Kingdom
    • Supreme Court
    • 10 May 2023
    ... ... court were particularly focussed on in the claimants' submissions: Darley Main Colliery Co v Mitchell (“Darley”) (1886) 11 App Cas 127 , ... ...
  • Phonographic Performances Ltd v Department of Trade and Industry
    • United Kingdom
    • Chancery Division
    • 23 July 2004
    ... ... 3 The claimant ("PPL") is a company limited by guarantee. Its membership includes over 3,000 ... 20 All three textbooks refer to the case of Darley Main Colliery Co. v Mitchell (1886) 11 App.Cas.127 ... As ... ...
  • Pirelli General Cable Works Ltd v Oscar Faber & Partners
    • United Kingdom
    • House of Lords
    • 9 December 1982
    ...rules. In the course of his speech at page 780, he relied upon the observations of Lord Halsbury in Darley Main Colliery Co. v. Mitchell 11 App. Cas. 127, 132, as follows: "No one will think of disputing the proposition that for one cause of action you must recover all damages incident to i......
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2 firm's commentaries
  • Property & Projects - What's News - 19 May 2015
    • Australia
    • Mondaq Australia
    • 29 May 2015
    ...attributable to state of affairs commencing prior to limitation period and to subsequent conduct — Darley Main Colliery Co v Mitchell (1886) 11 App Cas 127; Sutherland Shire Council v Heyman [1985] HCA 41; (1985) 157 CLR 424, considered. This appeal concerns a dispute which arose after a co......
  • One-Off Oil Spill Held Not To Represent A Continuing Nuisance
    • United Kingdom
    • Mondaq UK
    • 16 June 2023
    ...make the late amendments that were reliant on the continuing nuisance argument. Footnotes 1. Darley Main Colliery Company v. Mitchell [1886] 11 App Cas 127. 2. Delaware Mansions Limited v. Westminster City Council [2002] 1 AC The content of this article is intended to provide a general guid......

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