Fox v "The Star" Newspaper, Ltd

JurisdictionUK Non-devolved
Judgment Date15 December 1899
Judgment citation (vLex)[1899] UKHL J1215-2
CourtHouse of Lords
Date15 December 1899

[1899] UKHL J1215-2

House of Lords

Fox
and
"The Star" Newspaper, Limited.
1

Whereas Monday the 19th day of June last was appointed for hearing Counsel upon the Petition and Appeal of John Edward Fox, of the Court House, Croydon, in the county of Surrey, Barrister-at-law, Registrar of the County Court of Surrey, holden at Croydon, 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 10th of March 1898, 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 Petitioner 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 "The Star Newspaper Company, Limited, lodged in answer to the said Appeal: Counsel were accordingly called in; and no Counsel appearing for the said Appellant, he was heard for himself at the Bar; and Counsel appearing for the said Respondents, but not being called on; And due consideration being had this day of what was offered by the said Appellant:

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 10th of March 1898, 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...

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23 cases
  • White v Spendlove
    • Ireland
    • Supreme Court
    • 26 February 1942
    ...that she was, accordingly, estopped from suing again for the recovery of the said sum. Fox v. The Star Newspaper Company, LimitedELR, [1900] A. C. 19, followed. Supreme Court White v. Spendlove. ELLEN MARY WHITE Plaintiff and THOMAS SPENDLOVE, Defendant (1) Contract - Sale of land - Claim f......
  • Joint Stock Company Togliattiazot v Eurotoaz Ltd
    • Ireland
    • High Court
    • 3 May 2019
    ...Star Newspaper Company [1898] 1 Q.B. 639, a judgment of the Court of Appeal. That judgment was upheld by the House of Lords reported at [1900] A.C. 19. The rule in issue in that case is identical to that in the 1905 Rules. Chitty L.J. in the Court of Appeal said:- “It seems to me that order......
  • R v Birmingham Juvenile Court ex parte G and Others (Minors) and R (A Minor)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 May 1989
    ...to be non-suited at the opening of the trial or to dismiss his bill at his own option— Fox v. Star Newspaper Company [1898] 1 Q.B. 636: [1900] A.C. 19. Litigants in the High Court are not in the special position in which Parliament has put local authorities in relation to the care of childr......
  • Crown Melbourne Ltd v Cosmopolitan Hotel (VIC) Pty Ltd and Another
    • Australia
    • High Court
    • 20 July 2016
    ...Freezing Co Ltd (1968) 118 CLR 429 at 437; [1968] HCA 8. 73Gardiner v Grigg (1938) 38 SR (NSW) 524 at 532 (citing Maskelyne v Stollery (1899) 16 TLR 97 and Heilbut, Symons & Co v Buckleton [1913] AC 74 Reasons of Gordon J at [252]–[253]. 75 Reasons of Nettle J at [192]–[193]. 76Cosmopolitan......
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2 firm's commentaries
  • Ontario Court Of Appeal Upholds Setting Aside Of A Notice Of Discontinuance
    • Canada
    • Mondaq Canada
    • 3 November 2021
    ...point was a principle that existed for over 100 years. In the English case of Fox v. Star Newspaper Co. [1898] 1 Q.B. 636 (C.A.), aff'd [1900] A.C. 19 (H.L.), Lord Chitty found as The principle of the rule is plain. It is that after the proceedings have reached a certain stage the plaintiff......
  • Ontario Court Of Appeal Upholds Setting Aside Of A Notice Of Discontinuance
    • Canada
    • Mondaq Canada
    • 3 November 2021
    ...point was a principle that existed for over 100 years. In the English case of Fox v. Star Newspaper Co. [1898] 1 Q.B. 636 (C.A.), aff'd [1900] A.C. 19 (H.L.), Lord Chitty found as The principle of the rule is plain. It is that after the proceedings have reached a certain stage the plaintiff......

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