Mayor, Company of Tunbridge Wells v Baird and Others

JurisdictionEngland & Wales
Judgment Date04 May 1896
Judgment citation (vLex)[1896] UKHL J0504-1
CourtHouse of Lords
Date04 May 1896

[1896] UKHL J0504-1

House of Lords

Mayor, &c. of Tunbridge Wells
and
Baird and Others.
1

After hearing Counsel for the Appellants, as well on Friday last as this day, upon the Petition and Appeal of the Mayor, Aldermen, and Burgesses of the Borough of Tunbridge Wells, 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 20th of March 1894, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, and that the Judgment of the Hon. Mr. Justice Grantham, dated the 12th of April 1893, mentioned in the said Order, might be restored, and that the Respondents George Gosset Baird, Frank Osborne Baird, and Mary Anne Weller, Widow, who were the Plaintiffs in the action mentioned in the Schedule thereto, might be ordered to pay the Costs of such action in both Courts, or that the Petitioners 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 George Gosset Baird, Frank Osborne Baird, and Mary Anne Weller, Widow, lodged in answer to the said Appeal; and Counsel appearing for the said Respondents, but not being called on, and due consideration had of what was offered for the said Appellants:

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 20th of March 1894, complained of in the said Appeal,...

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8 cases
  • Shamim Anwar v London Borough of Ealing Council
    • United Kingdom
    • Queen's Bench Division
    • 1 August 2022
    ...with Coverdale v Charlton (1878) 4 QBD 104 and culminating in the decision of the House of Lords in Tunbridge Wells Corpn v Baird [1896] AC 434, established that the successive statutory provisions for the automatic vesting of proprietary interests in highways in the bodies responsible for ......
  • Southwark London Borough Council and Another v Transport for London
    • United Kingdom
    • Supreme Court
    • 5 December 2018
    ...with Coverdale v Charlton (1878) 4 QBD 104 and culminating in the decision of the House of Lords in Tunbridge Wells Corpn v Baird [1896] AC 434, established that the successive statutory provisions for the automatic vesting of proprietary interests in highways in the bodies responsible for ......
  • Western Australia v Ward; Attorney-General (Nt) v Ward;Ningarmara v Northern Territory;Ward v Crosswalk Pty Ltd
    • Australia
    • High Court
    • 8 August 2002
    ...J. 283Attorney-General for Quebec v Attorney-General for Canada [1921] 1 AC 401 at 409. See also Mayor &c of Tunbridge Wells v Baird [1896] AC 434. 284 (1940) 64 CLR 153 at 285 See also Municipality of South Perth v Hackett (1908) 8 CLR 44. 286 Rolls v Vestry of St George the Martyr, Southw......
  • Gilson v Kerrier District Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 March 1976
    ...number: ( Rolls v. Vestry of St. George the Martyr, Southwark 14 Chancery Division, 785), ( Corporation of Tunbridge Wells v. Baird 1896 Appeal Cases, 434) and ( Foley's Charity Trustees v. Dudley Corporation 1910 1 King's Bench, 317). From the first of those cases it appears that the Court......
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8 books & journal articles
  • Diversions and Extinguishments
    • United Kingdom
    • Wildy Simmonds & Hill Public Rights of Way: The Essential Law Contents
    • 30 August 2019
    ...Rights of Way Circular 1/09, ‘Guidance for Local Authorities’ (Defra, 2009) para 5.60 and table. 11 Tunbridge Wells Corporation v Baird [1896] AC 434; Rolls v St George the Martyr Southwark, Vestry (1880) 14 Ch D 785. 12 Walsh v Oates [1953] 1 QB 578. conflicting case law on whether the div......
  • Highway Authority
    • United Kingdom
    • Wildy Simmonds & Hill Public Rights of Way: The Essential Law Contents
    • 30 August 2019
    ...In Wiltshire County Council v Frazer , 8 it 4 This provision was first introduced by Public Health Act 1848, s 68. 5 See 7.3.1. 6 [1896] AC 434. 7 [1954] 2 WLR 518. 8 (1984) 47 P&CR 69. was held that the highway authority’s ownership of the surface enabled it to bring an action for possessi......
  • Public Rights of Way
    • United Kingdom
    • Wildy Simmonds & Hill Planning Law. A Practitioner's Handbook Contents
    • 30 August 2019
    ...dedicating landowner, but the highway authority will obtain an interest in the ‘top two spits’. See Tunbridge Wells Corporation v Baird [1896] AC 434. Where the public right of way is extinguished by a formal process the land will re-vest in the original landowner. 12 Poole v Huskinson (184......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Planning Law. A Practitioner's Handbook Contents
    • 30 August 2019
    ...of State for the Environment [1986] JPL 834, (1987) 53 P & CR 293, [1986] 2 EGLR 185, QBD 152 Tunbridge Wells Corporation v Baird [1896] AC 434, HL 525, 543, 569 Turner v Secretary of State for Communities and Local Government [2016] EWCA Civ 466, [2017] 2 P & CR 1, [2016] JPL 1092 349, 359......
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