Nordenfelt (Pauper) v Maxim Nordenfelt Guns and Ammunition Company, Ltd

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date31 Jul 1894
Judgment citation (vLex)[1894] UKHL J0731-1

[1894] UKHL J0731-1

House of Lords

Nordenfelt (Pauper)
and
Maxim Nordenfelt Guns and Ammunition Company, Limited.
1

Whereas, Friday, the 13th day of April last, was appointed for hearing Counsel, upon the Petition and Appeal of Thorsten Nordenfelt, of No. 8, Rue Auber, Paris, in the Republic of France, Esquire, 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 19th of December 1892, 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 Petitioner might have the relief prayed for in the Appeal, 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 Maxim Nordenfelt Guns and Ammunition 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, as well on the said Friday the 13th, as Monday the 16th, and Tuesday the 17th, days of April last; and Counsel for the Respondents having been heard on the said Monday the 16th and Tuesday the 17th days of April last, and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen...

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197 cases
  • Peer International Corporation v Termidor Music Publishers Ltd
    • United Kingdom
    • Chancery Division
    • 16 November 2006
    ...argued that, so far as relates to restraint of trade, a broader view should be permitted. As Lord Macnaghten said in Nordenfelt v Maxim Nordenfelt Guns & Ammunition Co. [1894] AC 535 at 565:- “The public have an interest in every person's carrying on his trade freely: so has the indivi......
  • Wong Bark Chuan David v Man Financial (S) Pte Ltd
    • Singapore
    • Court of Three Judges (Singapore)
    • 29 November 2007
    ...that of Lord Macnaghten in the House of Lords decision of Thorsten Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Company, Limited [1894] AC 535 (“Nordenfelt”). Indeed, this particular statement of law has not only stood the test of time, but also constitutes, in fact, the legal foun......
  • Herbert Morris, Ltd v Saxelby
    • United Kingdom
    • House of Lords
    • 8 February 1916
  • JEC Property Company Ltd v Amesbury
    • Cayman Islands
    • Grand Court
    • 3 October 2007
    ...nom. NWL Ltd. v. Nelson (The Nawala), [1979] 1 W.L.R. 1294, applied. (7) Nordenfelt v. Maxim Nordenfelt Guns & Ammunition Co. Ltd., [1894] A.C. 535; [1891–4] All E.R. Rep. 1; (1894), 63 L.J. Ch. 908; 71 L.T. 489; 10 T.L.R. 636, dicta of Lord Macnaghten applied. (8) Office Overload Ltd. ......
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2 firm's commentaries
  • The NRL Salary Cap - More than a pub debate?
    • Australia
    • Mondaq Australia
    • 18 October 2010
    ...story and remains the debate in the boardrooms, and pubs, at this point in time. ¹ Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co [1894] AC 535 at 565 ² (1971) 125 CLR 353 The content of this article is intended to provide a general guide to the subject matter. Specialist advice shoul......
  • What constitutes reasonable restriction when examining restraint clauses in employment contracts?
    • Australia
    • Mondaq Australia
    • 6 July 2018
    ...WASC 62, with the Court appearing to have taken a broader view of what constitutes 'reasonable restriction' first outlined in Nordenfelt [1894] AC 535. It demonstrates that employees who routinely ignore restraints, are increasingly likely to be injunct should they breach their It also conf......
1 books & journal articles
  • Dlí na Peile: Staidéar ar Dlí Fostaíochta sa Pheil Proifisiúnta
    • Ireland
    • Cork Online Law Review Nbr. 15-2016, January 2016
    • 1 January 2016
    ...en_33410.pdf faighte 22 Eanáir 2016.> 60Nordenfelt v Maxim Nordenfelt [1894] AC 535. 61John Orr Ltd and Vestcom BV v John Orr [1987] ILRM 702. [2016] COLR spórt níos fearr as leis an daingne seo atá ag na clubanna agus is cosúil leis go bhfuil na himreoirí sásta leis freisin. B’fhéidir n......

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