Dunlop Pneumatic Tyre Company v New Garage and Motor Company
| Jurisdiction | UK Non-devolved |
| Judgment Date | 01 July 1914 |
| Judgment citation (vLex) | [1914] UKHL J0701-1 |
| Court | House of Lords |
| Date | 01 July 1914 |
[1914] UKHL J0701-1
House of Lords
After hearing Counsel, as well on Monday the 18th, as Tuesday the 19th, days of May last, upon the Petition and Appeal of the Dunlop, Pneumatic Tyre Company, Limited, of 14 Regent Street, in the City of Westminster, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 29th of January 1914, so far as regards the words, "It is Ordered that this Appeal be allowed and that the said Certificate or Finding and so much of the said Judgment signed thereon for the sum of 250 l. and costs of the Enquiry be set aside and instead thereof that Judgment be entered for the Plaintiffs for the sum of 2 l. as nominal damages; and it is Ordered that the Plaintiffs pay to the Defendants or to their Solicitors the costs of this Appeal and the costs of the Enquiry as to damages before Master Bonner such costs to be taxed by one of the Taxing Masters but that the Taxing Master in taxing the said costs of the Enquiry do consider and determine whether such costs have been increased by any omission of the Defendants to state truly in the first instance in answer to the account directed by the Judgment the full number of tyres covers or tubes sold by them in breach of the agreement and that he do disallow such increased costs if any", might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of the New Garage and Motor Company, Limited, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:
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 Order of His Majesty's Court of Appeal, of the 29th day of January 1914, so far as complained of in the said Appeal, be, and the same is hereby, Reversed, and that the...
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...Martin JA [ Shatilla ]. 385 Elsley , above note 240. 386 Ibid at 937. 387 Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd , [1915] AC 79 at 87 (HL), Lord Dunedin [ Dunlop ]. 388 See, for example, Shatilla , above note 384. 389 Elphinstone v Monkland Iron & Coal Co (1886), 11 App ......
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...v. Albrecht (1841), 12 Sim. 189, 59 E.R. 1104 (Ch.) ............................ 403 Dunlop Pneumatic Tyre Co. v. New Garage & Motor Co., [1915] A.C. 79, [1914–15] All E.R. Rep. 739, 111 L.T. 862 (H.L.) ....................................................................................... ......
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Table of cases
...v Albrecht (1841), 12 Sim 189, 59 ER 1104 (Ch) ..................................557 Dunlop Pneumatic Tyre Co v New Garage & Motor Co, [1915] AC 79, [1914–15] All ER Rep 739, 111 LT 862 (HL) ............................................... 426 Dunsmuir v New Brunswick, 2008 SCC 9..................
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Table of cases
...164 REMEDIES: THE LAW OF DAMAGES 560 Dunlop Pneumatic Tyre Co, Ltd v New Garage & Motor Co, Limited (1914), [1915] AC 79, 83 LJKB 1574, [1914–15] All ER Rep 739 (HL) ............................................................ 522, 523, 526, 530 Dunn v Disc Jockey Unlimited Co (1978), 20 OR......