Davies v Elsby Brothers Ltd

JurisdictionEngland & Wales
JudgeLORD JUSTICE PEARCE,LORD JUSTICE DEVLIN
Judgment Date02 November 1960
Judgment citation (vLex)[1960] EWCA Civ J1102-1
CourtCourt of Appeal
Date02 November 1960
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161 cases
  • Derek Hodd Ltd v Climate Change Capital Ltd
    • United Kingdom
    • Chancery Division
    • 14 June 2013
    ...It is clearly a doctrine of construction, but it is not plain to what extent it permits the reference to extrinsic evidence. Davies v Elsby Brothers Limited [ reported at [1961] 1 WLR 170] would suggest that where there are two possible entities, the rule is a strict one: unless one can say......
  • Suzlon Energy Ltd v Bangad (Application of Credit Suisse Group SA)
    • Australia
    • Federal Court
    • Invalid date
  • Wahiwala v Secretary of State for the Environment
    • United Kingdom
    • Court of Appeal (Civil Division)
    • Invalid date
  • Liff v Peasley
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 November 1979
    ...run and approved the opinion of Mr Justice Grove that he could not be so joined and deprived of the benefit of the Statute. 38 In Davies -v- Elaby Brothers (1961) 1 Weekly Law Reports, 170, this Court followed the principle of Mabro's case and applied it to the substitution of a defendant, ......
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1 firm's commentaries
  • Misnomers And Misdescriptions: The 'Litigation Finger Test' To The Rescue!
    • Canada
    • Mondaq Canada
    • 16 October 2018
    ...(2) Subsection (1) does not prevent the correction of a misnaming or misdescription of a party. 3 Davies v Elsby Brothers, Ltd., [1960] 3 All ER 672 at 676 (CA). See also Spirito Estate v Trillium Health Centre, 2008 ONCA 762 at para. 12, and Ormerod v Strathroy Middlesex General Hospital (......

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