Jenkins v Bushby

JurisdictionEngland & Wales
Judgment Date1891
CourtCourt of Appeal
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20 cases
  • R (on the application of Gourlay) v Parole Board
    • United Kingdom
    • Supreme Court
    • January 1, 2020
  • Evans v Bartlam
    • United Kingdom
    • House of Lords
    • April 30, 1937
    ...the Court in exercising the discretion, though in matters of discretion no one case can be an authority for another. As Kay L.J. said in Jenkin v. Bushby, 1891, 1 Ch. 484, "the Court cannot be bound by a previous decision, to exercise its discretion in a particular way, because that would ......
  • Secretary of State for War v Studdert
    • Ireland
    • Court of Appeal (Ireland)
    • June 17, 1902
    ...I. R. 11 Eq. 322; 1 L. R. Ir. 233. Holloway v. York 2 Ex. Div. 333. Holmes v. HarveyUNK 35 L. T. (N. S.) 600. Jenkins v. BushbyELR [1891] 1 Ch. 484. Lynch v. M'DonaldELR 37 Ch. D. 227. Pilley v. Baylis Ibid. 241. Powell v. WilliamsELR 12 Ch. D. 234. Ruston v. TobinELR 10 Ch. D. 558. Smith v......
  • Beta Construction Ltd v Channel Four Television Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • November 3, 1989
    ...that time there was power to order trial without a jury in cases which required any prolonged examination of documents or accounts: see Jenkins v. Bushby [1891] 1 Ch. 484, where Lindley L.J. expressed the view, at p. 490, that Order 36 Rule 5 of the 1883 Rules merely preserved the old pract......
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2 books & journal articles
  • Courts 2
    • Nigeria
    • DSC Publications Online Sasegbon's Laws of Nigeria. Volume 6: Part II Courts 2
    • June 27, 2016
    ...discretion on in a particular way, because that would be in effect putting an end to the discretion” per Kay L.J in Jenkins v. Bushby (1891) 1 Ch 484 at p. 495.” Inspite of the passage just reacted from the Odusote v. Odusote (supra) the discretionary power conferred upon Court is not as wi......
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition J
    • February 6, 2019 matters of discretion, no one case can be authority for another. The Court cited with approval the English case of Jenkins v. Bushby (1891) 1 Ch. 484 at p. 494, where Kay L. J. said: - "The Court cannot be bound by a previous decision to exercise its discretion in a particular way, becau......

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