Gosling v Gaskell and Grocott

JurisdictionEngland & Wales
Judgment Date27 July 1897
Judgment citation (vLex)[1897] UKHL J0727-1
Date27 July 1897
CourtHouse of Lords

[1897] UKHL J0727-1

House of Lords

Gosling
and
Gaskell and Grocott.
1

After hearing Counsel, as well on Thursday the 6th as Friday the 7th day of May last, upon the Petition and Appeal of Francis Gosling, of 19, Fleet Street, in the City of London, Esquire, praying, That the matter of the Judgment and Order set forth in the Schedule thereto, namely, a Judgment of the Lord Chief Justice in the High Court of Justice, of the 2nd of December 1895, so far as regards the words "and the said The Right Honourable Charles Lord Russell of Killowen having ordered that Judgment be entered for the Plaintiffs for 488 l. 9 s. 3 d. against the Defendant Francis Gosling alone;" and also the words "Therefore it is adjudged that the Plaintiffs recover against the Defendant Francis Gosling 488 l. 9 s. 3 d. and their costs to be taxed;" and also an...

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vLex
28 cases
  • Listowel U.D.C., Nolan v Lynch v Ardmore Studios (Ir.) Ltd
    • Ireland
    • High Court
    • 9 June 1966
    ...followed; conclusions of McLoughlin J. in Ardmore Studios (Ir.) Ltd. v. Lynch and OthersIR [1965] I. R. 1 followed; Goslingv. GaskellELR [1897] A. C. 575 distinguished. (1966. No. 138 P.) Lynch and Others v. Ardmore Studios (Ir.) Ltd. GEORGE LYNCH, ANTHONY KELLY, DERMOT MOLONEY, LEO MURPHY ......
  • Ratford v Northavon District Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 May 1986
    ... ... This is shown by the dissenting judgment of Lord Justice Rigby in Gaskell v. Gosling , [1896] 1 Queen's Bench 669 , which was upheld by the House of Lords, [1897] Appeal ... ...
  • Yorkshire Bank Plc v Hall
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 December 1999
    ... ... 295 ; [ 1993 ] 2 W.L.R. 86 ; [ 1993 ] 3 All E.R. 626 , P.C ... Gaskell v. Gosling [ 1896 ] 1 Q.B. 669 , C.A ... Greenalls Management Ltd. v. Canavan , The ... ...
  • Julie Anne Davey v James Money
    • United Kingdom
    • Chancery Division
    • 12 July 2018
    ...law is well stated by Rigby L.J. in Gaskell v. Gosling [1896] 1 Q.B. 669, a dissenting judgment which was approved by the House of Lords [1897] A.C. 575. The receiver is the agent of the company, not of the debenture holder, the bank. He owes a duty to use reasonable care to obtain the best......
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5 books & journal articles
  • The barbados companies act, cap. 308 and receivers' duties
    • Barbados
    • Caribbean Law Review No. 6-1, June 1996
    • 1 June 1996
    ...2 All E.R. 938. 24 [1993] 2 A.C. 295. 25 S. 283(b). See also, Re B. Johnson & Co. (Builders) Ltd. [1955] Ch. 634, Gosling v. Gasket [1897] A.C. 575. 26 See, e.g., Newhart Development Ltd. v. Cooperative Commercial Bank Ltd. [1970] Q.B. 814, 819 per Shaw L.J. of this duty, the receiver has a......
  • Bankruptcy and insolvency
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...2001 (Cth) section 419A. See also Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 3) [2010] NSWSC 7. 66 Gosling v Gaskell [1897] AC 575. 67 See Bacal Contracting Ltd v Modern Engineering (Bristol) Ltd [1980] 2 All ER 655 at 660–661, per Judge Edgar Fay QC; GPT Realisations Ltd......
  • DUTIES OF A MORTGAGEE AND A RECEIVER: WHERE SINGAPORE SHOULD AND SHOULD NOT FOLLOW ENGLISH LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2008, December 2008
    • 1 December 2008
    ...imposed upon a mortgagee in possession”). The dissenting judgment of Rigby LJ was affirmed by the House of Lords in Gosling v Gaskell[1897] AC 575 (HL) at 589. 54 Medforth v Blake [2000] Ch 86 (CA) at 99 (“particularly onerous duties constructed by courts of equity for mortgagees in possess......
  • RECEIVERSHIP, LIQUIDATION AND TORRENS LAND: MAPPING THE BOUNDARIES
    • Singapore
    • Singapore Academy of Law Journal No. 1997, December 1997
    • 1 December 1997
    ...v Gosling[1896] 1 QB 669 at 692; this dissenting judgment was later approved by the House of Lords allowing the appeal: Gosling v Gaskell[1897] AC 575. See also United Malayan Banking Corporation Bhd v Roland Choong(1991) 1 MSCLC 90,697. 7 See Jenkins LJ in Re B Johnson & Co (Builders) Ltd[......
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