Hammerton v Honey

JurisdictionEngland & Wales
Date1876
CourtHouse of Lords
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15 cases
  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • United Kingdom
    • House of Lords
    • 24 Junio 1999
    ...She said that the evidence showed that the glebe was also used by people who were not inhabitants of the village. She relied upon Hammerton v. Honey (1876) 24 W.R. 603, 604, in which Sir George Jessel M.R. said: "if you allege a custom for certain persons to dance on a green, and you prove ......
  • R (Oxfordshire & Buckinghamshire Mental NHS Foundation Trust) v Oxfordshire County Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 23 Marzo 2010
    ...She said that the evidence showed that the glebe was also used by people who were not inhabitants of the village. She relied upon Hammerton v. Honey (1876) 24 W.R. 603, 604, in which Sir George Jessel M.R. said: “if you allege a custom for certain persons to dance on a green, and you prove ......
  • Paddico (267) Ltd v (1) Kirklees Metropolitan Council and Others
    • United Kingdom
    • Chancery Division
    • 23 Junio 2011
    ...as to the way in which local customary rights might be established. Sir George Jessel MR's first instance and ex tempore decision in Hammerton v. Honey (1876) 24 WR 603 is often cited for the proposition that such rights cannot arise if inhabitants outside the immediate locality used the gr......
  • New Windsor Corporation v Mellor
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 Mayo 1975
    ...once acquired by custom, cannot be lost by dis-use or abandonment. It can only be abolished or extinguished by Act of Parliament, see Hammerton v. Honey (1876) 24 W.R. 603 per Sir George Jessel, Master of the Rolls. And no statute can take away that right by a side-wind. It can only be done......
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4 books & journal articles
  • Village and Hundred
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Part IV. Setting
    • 29 Agosto 2012
    ...75 P&CR 102. 17 [2006] 2 AC 674 at [17]–[19]. 18 R v Oxfordshire County Council, Ex p Sunningwell Parish Council [2000] 1 AC 335. 19 (1876) 24 WR 603. That, as discussed in 4.2, is a requirement of custom that it must be local. It was taken into the Commons Registration Act 1965 on the basi......
  • Custom and Variety
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Part I. Roots
    • 29 Agosto 2012
    ...A commentary on Littleton being the first part of the Institutes of the Laws of England (1628) 110b. 10 (1841) 12 Ad & E 265, 302. 11 (1876) 24 WR 603. common law. The common law guides and corrects custom, so that a custom inconsistent with certain basic principles of common law will be he......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Preliminary Sections
    • 29 Agosto 2012
    ...v General Municipal Boilermakers and Allied Trades Union [1987] 1 WLR 449, [1987] 1 All ER 631, [1987] ICR 150 27.5 Hammerton v Honey (1876) 24 WR 603 4.2, 4.3, 4.5, 19.7 Hampshire County Council v Milburn [1991] AC 235, [1990] 2 All ER 257, (1990) 61 P & CR 135, HL Intro xvi, 6.3, 7.12, 8.......
  • `Since time immemorial': a story of common law jurisdiction, native title and the Case of Tanistry.
    • Australia
    • Melbourne University Law Review Vol. 26 No. 1, April 2002
    • 1 Abril 2002
    ...until the mid 16th century. (45) Ibid 77; 237. (46) Ibid. (47) Ibid. (48) Ibid. (49) Coke, Compleat Copyholder, above n 26, s 33. (50) (1876) 24 WR 603, referred to with approval by the Court of Appeal in New Windsor Corporation v Mellor [1975] 1 Ch 380, 387 (Lord Denning MR); 395 (Browne (......

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