Phillips v Homfray; Fothergill v Phillips

JurisdictionEngland & Wales
Date1865
Year1865
CourtCourt of Appeal

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9 cases
  • Surrey County Council and Another v Bredero Homes Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 April 1993
    ...a person had without authority used his neighbour's land for passage. (See, for instance, Jegon -v- Vivian, L.R. 6 Ch. App. 742, and Phillips -v- Homfray, L.R. 6 Ch. App., 770). 25 The same principle was applied where the defendant had trespassed by tipping spoil on the plaintiff's land — W......
  • Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 October 2008
    ...v Porter (1839) 5 M & W 351, 151 ER 149; Jegon v Vivian (1871) LR 6 Ch App 742; and Phillips v Homfray Fothergill v Phillips (1871) LR 6 Ch App 770… The second exception is in detinue…. The third exception is in infringement of patents: see Meters Ltd v Metropolitan Gas Meters Ltd (1911......
  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1988
    ... ... Vivian [1871] 6 Ch. App., 742 ; and Phillips v. Homfray [1871] 6 Ch. App. 770 ... The principle of those cases was ... ...
  • Lewis v Australian Capital Territory
    • Australia
    • High Court
    • 5 August 2020
    ...plaintiff: Hilton v Woods (1867) LR 4 Eq 432 at 441-442. 204 Jegon v Vivian (1871) LR 6 Ch App 742 at 762-763; Phillips v Homfray (1871) LR 6 Ch App 770 at 781; Eardley v Granville (1876) 3 Ch D 826 at 832. 205 Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17 at 39. 20......
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