Dawkins v Lord Rokeby (in Error)

JurisdictionUK Non-devolved
Judgment Date28 June 1875
Judgment citation (vLex)[1875] UKHL J0628-1
CourtHouse of Lords
Date28 June 1875

[1875] UKHL J0628-1

House of Lords

Dawkins
and
Lord Rokeby (in Error).
1

Whereas the Judgment Roll and Proceedings of the Court of Queen's Bench, in a Cause wherein William Gregory Dawkins was Plaintiff and the Right Honourable Henry Lord Rokeby was Defendant, were brought into this House on the 27th day of March 1873, at the instance of the said William Gregory Dawkins (Plaintiff in Error), in order to reverse a Judgment given in the Court of Exchequer Chamber, affirming a Judgment of the said Court of Queen's Bench for the said Defendant there (Defendant in Error); which said Judgment Roll was, in pursuance of an Order of this House of the 3d day of April 1873, amended by adding thereto the Suggestion of Error by the said William Gregory Dawkins; and Counsel for the said Plaintiff in Error having been heard this day to argue the Error so suggested as aforesaid; and Counsel appearing for the said Defendant in Error, the Counsel were directed to withdraw; and the Judges, who were ordered to attend, having delivered their unanimous opinion upon the Question of Law to them proposed; and due consideration had of what was offered for the said Plaintiff in Error:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgment given in the said Court of Exchequer Chamber, affirming the said Judgment of the said Court of Queen's Bench, be, and the same is hereby Affirmed, and that the Record be remitted, to the end that such proceeding may be had thereupon as if no such Suggestion of Error had been brought into this House: And it is further Ordered, That the said Plaintiff in Error do pay or cause to be paid to the said Defendant in Error the Costs incurred in respect of the said Suggestion of Error, the amount thereof to be certified by the Clerk of the Parliaments.

3

Tenor.

4

On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attorneys aforesaid: Whereupon, all and singular the premises having been seen, and by the said Court of Parliament now here fully understood, and as well the Judgment Roll and Proceedings aforesaid, and the Judgment thereupon given, and the Affirmance thereof, as also the Suggestion of Error aforesaid by the said William Gregory Dawkins being diligently examined and inspected, and mat are deliberation being thereupon had; It appears to the said Court of...

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29 cases
  • Roy v Prior
    • United Kingdom
    • House of Lords
    • 7 July 1970
    ... ... Lord Reid ... Lord Morris of Borth-y-Gest ... court even if the evidence is falsely and maliciously given (see Dawkins v. Lord Rokeby L.R. 8 Q.B. 255 , Watson v. M'Ewan [1905] A.C. 480 ). If ... ...
  • Trapp v Mackie
    • United Kingdom
    • House of Lords
    • 13 December 1978
    ... ... Lord Diplock ... Lord Salmon ... Lord Edmund-Davies ... more than a hundred years ago by the decision of this House in Dawkins v. Lord Rokeby 7 H.L.C. 744 (1875) L.R. 7 H.L.C. 744 , where the ... ...
  • Marrinan v Vibart
    • United Kingdom
    • Court of Appeal
    • 25 July 1962
    ... ... Lord Justice Sellers ... Lord Justice Willmer and ... Lord Justice Diplock ... Broomhead and down to Dawkins v. Lord Rokeby (reported in 8 Queen's Bench), in which one finds some of ... ...
  • Husdi v PP
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1979
  • Request a trial to view additional results
1 books & journal articles
  • Legal Remedies for the Negligent Expert
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 12-2, April 2008
    • 1 April 2008
    ...vMcEwen [1905] AC 480 at 482, Lord Halbury LC: ‘By complete authority,including the authority of this House [see Dawkins vLord Rokeby (1875) LR 7 HL 744] it has beendecided that the privilege of a witness, the immunity from responsibility in an action whereevidence has been given by him in ......

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